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
1. The information disclosure statement (IDS) submitted on 5/20/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Response to Amendment
2. This action is in response to the amendment filed on February 24th, 2026. Claims 38-50 have been added. Claims 1-15 and 38-50 are pending.
Response to Arguments
3. Applicant’s arguments with respect to claim 1, and similarly claim 15, filed on 2/24/2026, have been fully considered, but Examiner respectfully disagrees. Responses to arguments are outlined below.
4. First, regarding the phrase “ambient light,” the term “ambient” in its plain meaning is consistently defined in dictionaries as “encompassing/surrounding atmosphere; environment” and is often used to describe sounds, temperature, as well as lighting. In applicant's specification, “ambient light” is defined as:
“[0098] Ambient light that illuminates a scene may include wavelengths that are detectable by one or more of the at least one image sensor ...”
This is consistent with its plain meaning. It is noted that “ambient light ... may include wavelengths that are detectable by one or more ... image sensor ...” which indicates that ambient light includes detectable wavelengths. In independent claim 1, and similarly independent claim 15, applicant does not limit the definition of “ambient light” and there is no language that limits its scope. Thus, fluorescence light, being a detectable wavelength, would also be included in this definition.
5. Regarding applicant's arguments that “Samadani's imaging does not involve ambient light at all ...” (Applicant's Remarks, page 9, ¶ 2), Examiner respectfully disagrees. Samadani explicitly discloses multiple sources of ambient light (referred to as “extraneous light”):
“[0022] In some situations, a region of a scene may be illuminated with extraneous light. Extraneous light incident on a region of the scene may be received indirectly from a light source of the scene and/or from another source. For example, visible light and/or fluorescence excitation light from the light source may be inter-reflected by an object at the scene, such as a shaft of a surgical instrument at the scene, to a small surface region of tissue at the scene.”
In Samadani, ¶ [0022], applicant argues that “light from the light source may be inter-reflected by an object at the scene” is not ambient light (Applicant's Remarks, page 10, ¶ 2). However, applicant's argument does not consider the entire passage of Samadani, ¶ [0022]. Samadani not only specifies that extraneous “visible light and/or fluorescence excitation light” (ambient light) can be received “incident on a region of the scene” but also that light can be “received indirectly from a light source of the scene and/or from another source.” Considering applicant's definition of “ambient light” in ¶ [0098] within their own specification, this falls within the defined “include[d] wavelengths that are detectable by one or more ... image sensor ...”
6. Regarding applicant's arguments that “There can be no such light in Samadani's system because there are no other light sources within the body of the patient that are being used with the system, and ambient room light cannot reach the internal body cavity into which the imaging device is inserted” (Applicant's Remarks, page 10, ¶ 1), Examiner respectfully disagrees. In applicant’s specification, this precise embodiment is described: “[0094] The image acquisition assembly 104 can be an endoscopic imager, and the ambient/background light can be light coming from a lighted stent or other light delivery device present in the surgical cavity, or the ambient/background light can be light generated by a cauterizing tool or other tool that generates light during its use.” This embodiment clearly describes how ambient light can be present within a “surgical cavity” and contradicts the argument that “ambient room light cannot reach the internal body cavity into which the imaging device is inserted.”
7. Regarding applicant's argument that “this is not ambient light” and “there is no ambient light that needs to be compensated for” (Applicant's Remarks, page 10, ¶ 2), Examiner respectfully disagrees. Samadani discloses:
“[0047] As mentioned, a region of surface 118 may be illuminated with extraneous light. As shown in FIG. 1 , a region 128 of surface 118 is illuminated with visible light and/or NIR light directly from imaging device 102, as shown by light ray 130. However, an object 126 (e.g., a surgical instrument) located at the scene also reflects some visible light and/or NIR light, as shown by light ray 132, from imaging device 102 toward region 128. Thus, region 128 is illuminated with extraneous visible light and/or extraneous NIR fluorescence excitation light. As used herein, “extraneous light” refers to light (e.g., visible light and/or NIR light) that is incident on a region of tissue and that is received indirectly from a light source of the scene (e.g., by inter-reflections within the scene) or from another source (e.g., external light leakage). As will be explained in more detail below, “extraneous” light may also refer to light not modeled by an incident light model that may be used when processing visible light images to detect extraneous light.”
Not only does Samadani disclose “extraneous visible light and/or extraneous NIR fluorescence excitation light” but also “from another source (e.g., external light leakage).” The “external light leakage” would also be considered “ambient light.” In addition, Samadani discloses:
“[0022] ... However, the extraneous light at the region of the scene may adversely affect the visible light images and/or the fluorescence images presented to the user. For example, extraneous fluorescence excitation light incident on a region of tissue increases the intensity of emitted fluorescence as compared with regions of tissue for where there is no extraneous fluorescence excitation light.”
Samadani clearly describes that “extraneous light at the region of the scene may adversely affect the visible light images and/or the fluorescence images presented to the user.” Lastly, Samadani discloses:
“[0107] FIG. 10 shows an illustrative method 1000 of detecting and mitigating extraneous light. … [0108] At operation 1002, system 200 obtains a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light. … In some examples, signal levels of the first light image and/or the second light image are adjusted to compensate for the uneven distribution of first light and second light. In some examples, the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light.”
Samadani explicitly discloses the “method … of detecting and mitigating extraneous light” and adjusts “signal levels of the first light image and/or the second light image ... to compensate for the uneven distribution of first light and second light.” It further describes that a first and second light “is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light” respectively. If there was no “extraneous light,” there would be no reason to perform the light compensation adjustment method as disclosed by Samadani.
8. Regarding applicant’s argument that “compensation operations disclosed in Samadani are performed to compensate for excess fluorescence light in fluorescence images, not ambient light” (Applicant's Remarks, page 10, ¶ 3), Examiner respectfully disagrees. Referring back to applicant's definition of “ambient light” (¶ [0098]), “excess fluorescence light” would be considered as a “wavelength[s] that [is] detectable by one or more ... image sensor ...” Applicant's independent claim 1, and similarly independent claim 15, are not limiting in regard to what is defined as “ambient light” as there is no language that limits its scope. Also, Samadani discloses:
“[0107] FIG. 10 shows an illustrative method 1000 of detecting and mitigating extraneous light. ... [0108] At operation 1002, system 200 obtains a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light. ... In some examples, signal levels of the first light image and/or the second light image are adjusted to compensate for the uneven distribution of first light and second light. In some examples, the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light.”
Specifically, Samadani describes a method for “detecting and mitigating extraneous light” where “signal levels of the first light image and/or the second light image are adjusted to compensate for the uneven distribution of first light and second light.” This illustrates a scenario where both first light image and second light image are adjusted to compensate for both “the uneven distribution of first light and second light.” Samadani further describes that “the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light.”
9. Lastly, regarding applicant’s argument that “there is no disclosure or suggestion that visible light and fluorescence light are provided simultaneously” (Applicant's Remarks, page 11, ¶ 1), the language of independent claim 1, and similarly independent claim 15, does not specify that visible light and fluorescence light are required simultaneously. In fact, there is no language in those claims that specifically indicates lighting, only details about “an ambient light image and a fluorescence image” and “generating an ambient light compensated image.”
10. In summary, applicant's arguments have been considered but are not persuasive. In review, applicant’s specification has defined “ambient light” as: “ambient light ... may include wavelengths that are detectable by one or more ... image sensor ...” (¶ [0098]). In independent claim 1, and similarly independent claim 15, applicant does not limit the definition of “ambient light” and there is no language that limits its scope. Thus, fluorescence light, being a detectable wavelength, would also be included in this definition. As such, Samadani does compensate “for contributions of the ambient light to the fluorescence image” due to fluorescence light being a “detectable wavelength” that falls under applicant’s definition of “ambient light.” Additionally, it has been demonstrated and shown above that not only does Samadani's imaging involve ambient light, it discloses a light compensation adjustment method to “detect[ing] and mitigate[ing] extraneous light” (Samadani, ¶ [0107]). This method addresses “signal levels of the first light image and/or the second light image” (Samadani, ¶ [0108]). This is to “compensate for the uneven distribution of first light and second light” (Samadani, ¶ [0108]), specifically “extraneous light” (Samadani, ¶ [0107]) where “the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light” (Samadani, ¶ [0108]). Thus, Samadani discloses the limitations of applicant’s independent claim 1, and similarly independent claim 15.
11. Regarding arguments to claims 2-14, they are dependent on independent claims 1. Applicant does not argue anything other than independent claim 1, and similarly claim 15. The limitations in those claims, in conjunction with combination, was previously established as explained.
Claim Rejections - 35 USC § 102
12. 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)(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.
13. Claims 1-5, 7-15, 38-41, and 43-50 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Samadani et al. (WO-2024039586-A1, hereinafter "Samadani").
14. As per claim 1, Samadani discloses: A method for compensating for ambient light in medical imaging, the method comprising:
receiving an ambient light image and a fluorescence image; (Samadani, [0035], “FIG. 1 shows an illustrative configuration of an imaging system 100 configured to capture visible light images (e.g., first light images) and fluorescence images (e.g., second light images) of a scene in which a region of a subject at the scene is illuminated with extraneous light. In some examples, the scene includes an area associated with a subject (e.g., a body) on or within which a fluorescence-guided medical procedure is being performed ...” and [0013], “FIG. 4 shows an illustrative visible light image that may be obtained by the extraneous light detection system of FIG. 2 and used to detect extraneous visible light and/or extraneous fluorescence excitation light.” and [0022], “In some situations, a region of a scene may be illuminated with extraneous light. Extraneous light incident on a region of the scene may be received indirectly from a light source of the scene and/or from another source.”; Examiner’s note: Extraneous light “received indirectly from a light source” is ambient light.)
determining a level of ambient light in the ambient light image; and (Samadani, [0073], “Returning to FIG. 3, at operation 308 system 200 compares signal levels of pixels depicting the target region in the adjusted visible light image (as adjusted at operation 306) with the background model to determine whether the target region is illuminated with extraneous light. System 200 may determine that the target region is illuminated with extraneous light in any suitable way.” and [0025], “The background model is representative of reflectivity of the target region for incident first light. For example, the background model may be based on the expected or estimated first light signal levels (pixel values) in the first light images corresponding to the target region when the target region is illuminated with ideal light.” and [0013], “FIG. 4 shows an illustrative visible light image that may be obtained by the extraneous light detection system of FIG. 2 and used to detect extraneous visible light and/or extraneous fluorescence excitation light.” and [0022], “In some situations, a region of a scene may be illuminated with extraneous light. Extraneous light incident on a region of the scene may be received indirectly from a light source of the scene and/or from another source.”; Examiner’s note: Extraneous light “received indirectly from a light source” is ambient light.)
in accordance with determining that the level of ambient light in the ambient light image meets a threshold, generating an ambient light compensated image based on the ambient light image and the fluorescence image that compensates for contributions of the ambient light to the fluorescence image. (Samadani, [0073], “System 200 may determine that the target region is illuminated with extraneous light in any suitable way. For example, system 200 may determine that the target region is illuminated with extraneous light when the adjusted signal levels ... of the pixels corresponding to the target region ... exceed the background model by a threshold amount (e.g., by 10%, by 25%, etc.).” and [0098], “In alternative examples, system 200 determines the amount of extraneous visible light based on a comparison of the current visible light image with one or more previously-captured visible light images depicting the target region. ... System 200 may then determine the amount of extraneous fluorescence excitation light incident on the target region based on the amount of extraneous visible light incident on the target region.” and [0099]-[0100], “For example, if system 200 determines that the intensity of extraneous visible light is approximately 56% greater than the upper threshold level of background model 504, system 200 may reduce the fluorescence signal levels for the target region by 56%. In some examples, system 200 may adjust the fluorescence signal levels for the target region to a level indicated by the background model. At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).” and [0108], ”At operation 1002, system 200 obtains a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light. In some examples, the first light image and the second light image were captured at substantially the same time so that they represent substantially the same state of the scene. In some examples, signal levels of the first light image and/or the second light image are adjusted to compensate for the uneven distribution of first light and second light. In some examples, the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light.” and [0013], “FIG. 4 shows an illustrative visible light image that may be obtained by the extraneous light detection system of FIG. 2 and used to detect extraneous visible light and/or extraneous fluorescence excitation light.” and [0022], “In some situations, a region of a scene may be illuminated with extraneous light. Extraneous light incident on a region of the scene may be received indirectly from a light source of the scene and/or from another source.”; Examiner’s note: Extraneous light “received indirectly from a light source” is ambient light.)
15. As per claim 2, Samadani discloses: The method of claim 1, wherein determining the level of ambient light in the ambient light image comprises determining a proportion of the ambient light image that has pixel intensity values that are above a predetermined amount. (Samadani, [0097], “At operation 814, system 200 estimates an amount of extraneous fluorescence excitation light incident on the target region. In some examples, system 200 estimates the amount of extraneous fluorescence excitation light incident on the target region by estimating the amount of extraneous visible light incident on the target region. In some examples, system 200 determines the amount of extraneous visible light incident on the target region based on the visible light image (e.g., based on a comparison of the signal levels of the pixels depicting the target region in the adjusted visible light image with the background model, as in operation 308 of method 300). For instance, in the example of FIG. 5B, system 200 may determine that, at the current time (frame 1600), the intensity of extraneous visible light (having a normalized signal level of 0.25) is approximately 56% greater than the upper threshold level of background model 504 (a signal level of 0.16).” and [0025], “For example, the background model may be based on the expected or estimated first light signal levels (pixel values) in the first light images corresponding to the target region when the target region is illuminated with ideal light.” and [0013], “FIG. 4 shows an illustrative visible light image that may be obtained by the extraneous light detection system of FIG. 2 and used to detect extraneous visible light and/or extraneous fluorescence excitation light.” and [0022], “In some situations, a region of a scene may be illuminated with extraneous light. Extraneous light incident on a region of the scene may be received indirectly from a light source of the scene and/or from another source.”; Examiner’s note: Extraneous light “received indirectly from a light source” is ambient light.)
16. As per claim 3, Samadani discloses: The method of claim 1, wherein the threshold corresponds to a proportion of an image having pixel values above a predetermined amount. (Samadani, [0097], “At operation 814, system 200 estimates an amount of extraneous fluorescence excitation light incident on the target region. In some examples, system 200 estimates the amount of extraneous fluorescence excitation light incident on the target region by estimating the amount of extraneous visible light incident on the target region. In some examples, system 200 determines the amount of extraneous visible light incident on the target region based on the visible light image (e.g., based on a comparison of the signal levels of the pixels depicting the target region in the adjusted visible light image with the background model, as in operation 308 of method 300). For instance, in the example of FIG. 5B, system 200 may determine that, at the current time (frame 1600), the intensity of extraneous visible light (having a normalized signal level of 0.25) is approximately 56% greater than the upper threshold level of background model 504 (a signal level of 0.16).” and [0025], “For example, the background model may be based on the expected or estimated first light signal levels (pixel values) in the first light images corresponding to the target region when the target region is illuminated with ideal light.”)
17. As per claim 4, Samadani discloses: The method of claim 1, wherein the ambient light compensated image comprises the fluorescence image modified based on the ambient light image. (Samadani, [0098], “In alternative examples, system 200 determines the amount of extraneous visible light based on a comparison of the current visible light image with one or more previously-captured visible light images depicting the target region. ... System 200 may then determine the amount of extraneous fluorescence excitation light incident on the target region based on the amount of extraneous visible light incident on the target region.” and [0099]-[0100], “For example, if system 200 determines that the intensity of extraneous visible light is approximately 56% greater than the upper threshold level of background model 504, system 200 may reduce the fluorescence signal levels for the target region by 56%. In some examples, system 200 may adjust the fluorescence signal levels for the target region to a level indicated by the background model. At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).” and [0013], “FIG. 4 shows an illustrative visible light image that may be obtained by the extraneous light detection system of FIG. 2 and used to detect extraneous visible light and/or extraneous fluorescence excitation light.” and [0022], “In some situations, a region of a scene may be illuminated with extraneous light. Extraneous light incident on a region of the scene may be received indirectly from a light source of the scene and/or from another source.”; Examiner’s note: Extraneous light “received indirectly from a light source” is ambient light.)
18. As per claim 5, Samadani discloses: The method of claim 1, wherein the ambient light compensated image comprises a combination of a reflected light image and the fluorescence image modified to compensate for the contributions of the ambient light to the fluorescence image. (Samadani, [0025], “The background model is representative of reflectivity of the target region for incident first light. For example, the background model may be based on the expected or estimated first light signal levels (pixel values) in the first light images corresponding to the target region when the target region is illuminated with ideal light.” and [0099]-[0100], “For example, if system 200 determines that the intensity of extraneous visible light is approximately 56% greater than the upper threshold level of background model 504, system 200 may reduce the fluorescence signal levels for the target region by 56%. In some examples, system 200 may adjust the fluorescence signal levels for the target region to a level indicated by the background model. At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).”; Examiner's note: Since the "background model is representative of the reflectivity," it is represented and contributes in the combination of the images.)
19. As per claim 7, Samadani discloses: The method of claim 1, wherein generating the compensated fluorescence image comprises scaling pixel values of at least one of the ambient light image and the fluorescence image based on at least one of a difference in exposure period and a difference in gain. (Samadani, [0093], “In some implementations, ... FSadjusted represents the adjusted fluorescence signal level for the one or more pixels corresponding to the target region. Other adjustment and/or normalization schemes may be used as may suit a particular implementation. Although not shown in FIG. 8, the fluorescence signal levels may also be adjusted to correct other image parameters, such as gain.” and [0044], “Image processor 122 may also adjusted the visible light image to correct various image parameters, such as auto-exposure, gain, and/or white balance.” and [0108], “At operation 1002, system 200 obtains a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light. In some examples, the first light image and the second light image were captured at substantially the same time so that they represent substantially the same state of the scene. In some examples, signal levels of the first light image and/or the second light image are adjusted to compensate for the uneven distribution of first light and second light. In some examples, the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light.” and [0025], “The background model is representative of reflectivity of the target region for incident first light. For example, the background model may be based on the expected or estimated first light signal levels (pixel values) in the first light images corresponding to the target region when the target region is illuminated with ideal light.”)
20. As per claim 8, Samadani discloses: The method of claim 1, wherein combining the compensated fluorescence image with the reflected light image comprises scaling pixel values of at least one of the compensated fluorescence image and the reflected light image based on at least one of a difference in exposure period and a difference in gain. (Samadani, [0008], “An illustrative system may comprise ... instructions to: obtain a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light; determine, based on the first light image and a background model representative of reflectivity of a target region of a subject at the scene, that the target region is illuminated with extraneous second light; and adjust, based on the determination that the target region is illuminated with extraneous second light, a signal level in the second light image corresponding to the target region.” and [0099]-[0100], “For example, if system 200 determines that the intensity of extraneous visible light is approximately 56% greater than the upper threshold level of background model 504, system 200 may reduce the fluorescence signal levels for the target region by 56%. In some examples, system 200 may adjust the fluorescence signal levels for the target region to a level indicated by the background model. At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).” and [0093], “In some implementations, ... FSadjusted represents the adjusted fluorescence signal level for the one or more pixels corresponding to the target region. Other adjustment and/or normalization schemes may be used as may suit a particular implementation. Although not shown in FIG. 8, the fluorescence signal levels may also be adjusted to correct other image parameters, such as gain.” and [0044], “Image processor 122 may also adjusted the visible light image to correct various image parameters, such as auto-exposure, gain, and/or white balance.” and [0108], “At operation 1002, system 200 obtains a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light. In some examples, the first light image and the second light image were captured at substantially the same time so that they represent substantially the same state of the scene. In some examples, signal levels of the first light image and/or the second light image are adjusted to compensate for the uneven distribution of first light and second light. In some examples, the first light image is a visible light image of the scene illuminated with visible light and the second light image is a fluorescence image of the scene illuminated with fluorescence excitation light.”; Examiner's note: Since the "background model is representative of the reflectivity," it is represented and contributes in the combination of the images.)
21. As per claim 9, Samadani discloses: The method of claim 1, further comprising, in accordance with determining that the level of ambient light in the ambient light image does not meet the threshold, displaying the fluorescence image or an image generated based on the fluorescence image without compensating for the ambient light. (Samadani, [0076]-[0077], “If system 200 determines that the target region is not illuminated with extraneous light, or after system 200 performs an extraneous light mitigation operation at operation 312, processing of method 300 proceeds to operation 314. At operation 314, system 200 provides the adjusted visible light image for display by a display device (e.g., display device 124). In some examples, as will be described below in more detail, the visible light image may be combined with a fluorescence image to produce an augmented image (e.g., a visible light image overlaid with fluorescence signals), and the augmented image may be provided for display by the display device.” and [0044], “Image processor 122 may also adjusted the visible light image to correct various image parameters, such as auto-exposure, gain, and/or white balance.”)
22. As per claim 10, Samadani discloses: The method of claim 1, wherein generating the ambient light compensated image comprises scaling pixel values of the ambient light image by a scaling factor that corresponds to an amount that the level of ambient light in the ambient light image is above the threshold. (Samadani, [0097], “At operation 814, system 200 estimates an amount of extraneous fluorescence excitation light incident on the target region. In some examples, system 200 estimates the amount of extraneous fluorescence excitation light incident on the target region by estimating the amount of extraneous visible light incident on the target region. In some examples, system 200 determines the amount of extraneous visible light incident on the target region based on the visible light image (e.g., based on a comparison of the signal levels of the pixels depicting the target region in the adjusted visible light image with the background model, as in operation 308 of method 300). For instance, in the example of FIG. 5B, system 200 may determine that, at the current time (frame 1600), the intensity of extraneous visible light (having a normalized signal level of 0.25) is approximately 56% greater than the upper threshold level of background model 504 (a signal level of 0.16).” and [0073], “System 200 may determine that the target region is illuminated with extraneous light in any suitable way. For example, system 200 may determine that the target region is illuminated with extraneous light when the adjusted signal levels ... of the pixels corresponding to the target region ... exceed the background model by a threshold amount (e.g., by 10%, by 25%, etc.).” and [0066], “System 200 may adjust signal levels of pixels in the visible light image that depict the target region based on the amount of visible light that is estimated to be incident on the target region. ... Although not shown in FIG. 3, the detected visible light signal may also be adjusted to correct other image parameters, such as auto-exposure, gain, and/or white balance.”)
23. As per claim 11, Samadani discloses: The method of claim 1, wherein the threshold is a lower threshold, and generating the ambient light compensated image comprises:
scaling pixel values of the ambient light image by a scaling factor when the level of ambient light in the ambient light image is above the lower threshold and below an upper threshold; and (Samadani, [0073], “System 200 may determine that the target region is illuminated with extraneous light in any suitable way. For example, system 200 may determine that the target region is illuminated with extraneous light when the adjusted signal levels ... of the pixels corresponding to the target region ... exceed the background model by a threshold amount (e.g., by 10%, by 25%, etc.).” and [0026], “Accordingly, the extraneous light detection system may adjust (e.g., normalize), based on an incident first light model, the signal levels of pixels in the first light image that depict the target region.” and [0066], “System 200 may adjust signal levels of pixels in the visible light image that depict the target region based on the amount of visible light that is estimated to be incident on the target region. ... Although not shown in FIG. 3, the detected visible light signal may also be adjusted to correct other image parameters, such as auto-exposure, gain, and/or white balance.”)
not scaling the pixel values of the ambient light image by the scaling factor when the level of ambient light in the ambient light image is above the upper threshold. (Samadani, [0076]-[0077], “If system 200 determines that the target region is not illuminated with extraneous light, or after system 200 performs an extraneous light mitigation operation at operation 312, processing of method 300 proceeds to operation 314. At operation 314, system 200 provides the adjusted visible light image for display by a display device (e.g., display device 124). In some examples, as will be described below in more detail, the visible light image may be combined with a fluorescence image to produce an augmented image (e.g., a visible light image overlaid with fluorescence signals), and the augmented image may be provided for display by the display device.”)
24. As per claim 12, Samadani discloses: The method of claim 1, wherein the ambient light compensated image is generated based on an estimated ambient light image that is an estimate of the ambient light at a capture time of the fluorescence image. (Samadani, [0006], “An illustrative system may comprise a memory storing instructions and a processor communicatively coupled to the memory and configured to execute the instructions to: obtain visible light images of a scene illuminated with visible light and fluorescence excitation light and captured over a time period, the visible light images depicting a subject located at the scene; track, in the visible light images over the time period, pixel values of a target region of the subject; adjust signal levels of pixels, in the visible light images, that depict the target region based on an incident visible light model that estimates an amount of incident visible light from a light source ...” and [0090], “At operation 802, system 200 obtains a fluorescence image and a visible light image of a scene. The fluorescence image is captured based on fluorescence emitted from a subject located at the scene and the visible light image is captured based on visible light reflected from the subject. In some examples, the fluorescence image and the visible light image were captured at substantially the same time so that they represent the same state of the scene.” and [0099]-[0100], “For example, if system 200 determines that the intensity of extraneous visible light is approximately 56% greater than the upper threshold level of background model 504, system 200 may reduce the fluorescence signal levels for the target region by 56%. In some examples, system 200 may adjust the fluorescence signal levels for the target region to a level indicated by the background model. At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).”)
25. As per claim 13, Samadani discloses: The method of claim 1, comprising displaying the ambient light compensated image. (Samadani, [0077], “At operation 314, system 200 provides the adjusted visible light image for display by a display device (e.g., display device 124). In some examples, as will be described below in more detail, the visible light image may be combined with a fluorescence image to produce an augmented image (e.g., a visible light image overlaid with fluorescence signals), and the augmented image may be provided for display by the display device.” and [0044], “Image processor 122 may also adjusted the visible light image to correct various image parameters, such as auto-exposure, gain, and/or white balance.”)
26. As per claim 14, Samadani discloses: The method of claim 1, comprising generating and displaying a visual guidance based on the ambient light compensated image. (Samadani, [0078], “Illustrative extraneous light mitigation operations will now be described. In some examples, an extraneous light mitigation operation includes providing a notification that the target region is illuminated with extraneous light. The notification may have any form, such as a visual, audible, and/or a haptic notification (which may be provided by way of a user control system). The visual notification may include, for example, a message, a warning icon, and/or a graphical element overlaid on the visible light image and/or within a peripheral region of a graphical user interface (GUI) in which the visible light image is displayed. FIG. 6 shows an illustrative visible light image 600 with a visual notification.”)
27. Claim 15 is similar in scope to claim 1 except for additional limitations that Samadani discloses: A system comprising one or more processors, memory, and one or more programs stored in the memory for execution by the one or more programs, the one or more programs including instructions for: … displaying the ambient light compensated image. (Samadani, [0008], “An illustrative system may comprise a memory storing instructions and a processor communicatively coupled to the memory and configured to execute the instructions to: obtain a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light ...” and [0077], “At operation 314, system 200 provides the adjusted visible light image for display by a display device (e.g., display device 124). In some examples, as will be described below in more detail, the visible light image may be combined with a fluorescence image to produce an augmented image (e.g., a visible light image overlaid with fluorescence signals), and the augmented image may be provided for display by the display device.”)
Claim 15 is also rejected under the same rationale as claim 1, described above.
28. Claim 38, which is similar in scope to dependent claim 2 and independent claim 15, is thus rejected under the same rationale as described above.
29. Claim 39, which is similar in scope to dependent claim 3 and independent claim 15, is thus rejected under the same rationale as described above.
30. Claim 40, which is similar in scope to dependent claim 4 and independent claim 15, is thus rejected under the same rationale as described above.
31. Claim 41, which is similar in scope to dependent claim 5 and independent claim 15, is thus rejected under the same rationale as described above.
32. Claim 43, which is similar in scope to dependent claim 7 and independent claim 15, is thus rejected under the same rationale as described above.
33. Claim 44, which is similar in scope to dependent claim 8 and independent claim 15, is thus rejected under the same rationale as described above.
34. Claim 45, which is similar in scope to dependent claim 9 and independent claim 15, is thus rejected under the same rationale as described above.
35. Claim 46, which is similar in scope to dependent claim 10 and independent claim 15, is thus rejected under the same rationale as described above.
36. Claim 47, which is similar in scope to dependent claim 11 and independent claim 15, is thus rejected under the same rationale as described above.
37. Claim 48, which is similar in scope to dependent claim 12 and independent claim 15, is thus rejected under the same rationale as described above.
38. Claim 49, which is similar in scope to dependent claim 13 and independent claim 15, is thus rejected under the same rationale as described above.
39. Claim 50, which is similar in scope to dependent claim 14 and independent claim 15, is thus rejected under the same rationale as described above.
Claim Rejections - 35 USC § 103
40. 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.
41. Claims 6 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Samadani et al. (WO-2024039586-A1, hereinafter "Samadani") in view of Sexton et al. (WO-2015/164774-A1, hereinafter "Sexton").
42. As per claim 6, Samadani discloses: The method of claim 5, wherein generating the ambient light compensated image comprises:
generating a compensated fluorescence image [[by subtracting at least a portion of the ambient light image from the fluorescence image; and]] (Samadani, [0100] ,”At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).”)
combining the compensated fluorescence image with the reflected light image. (Samadani, [0008], “An illustrative system may comprise ... instructions to: obtain a first light image of a scene illuminated with first light and a second light image of the scene illuminated with second light; determine, based on the first light image and a background model representative of reflectivity of a target region of a subject at the scene, that the target region is illuminated with extraneous second light; and adjust, based on the determination that the target region is illuminated with extraneous second light, a signal level in the second light image corresponding to the target region.” and [0099]-[0100], “For example, if system 200 determines that the intensity of extraneous visible light is approximately 56% greater than the upper threshold level of background model 504, system 200 may reduce the fluorescence signal levels for the target region by 56%. In some examples, system 200 may adjust the fluorescence signal levels for the target region to a level indicated by the background model. At operation 818, system 200 provides the adjusted fluorescence image for display by a display device. In some examples, the adjusted fluorescence image is combined with the visible light image (provided at operation 314 of method 300) to present an augmented image (e.g., the visible light image overlaid with the adjusted fluorescence signals).”; Examiner's note: Since the "background model is representative of the reflectivity," it is represented and contributes in the combination of the images.)
43. Samadani doesn't explicitly disclose but Sexton discloses: [[generating a compensated fluorescence image]] by subtracting at least a portion of the ambient light image from the fluorescence image; and (Sexton, [0029], “Accurate ambient light subtraction may be performed by capturing pairs of fluorescence images, with and without fluorescence excitation, at subsequent periods of low, or minimal, ambient light brightness. The FGS systems and methods are capable of capturing each image of such a pair at identical, or substantially identical, ambient light conditions, which ensures accurate ambient light subtraction.” and [0056], “FIG. 4 illustrates one exemplary method 400 for generating ambient light gated fluorescence images to guide a surgical procedure on an area of interest of a subject that includes a fluorescing agent, such as a portion of patient 170 (FIG. 1) including fluorescing agent 175 (FIG. 1).” and [0131], “(A6) In each of the fluorescence guided surgical systems denoted as (Al) through (A5), the fluorescence imaging system may be configured for capturing images of fluorescence in a wavelength range that includes (a) at least a portion of the visible spectrum and (b) some wavelengths of the ambient light.”)
44. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the method of claim 5 of Samadani to include the disclosure of subtracting at least a portion of an ambient light image from a fluorescence image to generate a compensated fluorescence image of Sexton. The motivation for this modification could have been to provide an additional way to filter out, or compensate for, ambient light in fluorescence images. This helps reduce noise and enhance the fluorescence image to help make it more visible.
45. Claim 42, which is similar in scope to dependent claims 6 and 41 and independent claim 15, is thus rejected under the same rationale as described above. The motivation for this modification is the same as claim 6.
Conclusion
46. 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.
47. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW CLOTHIER whose telephone number is (571)272-4667. The examiner can normally be reached Mon-Fri 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at (571)272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW CLOTHIER/Examiner, Art Unit 2614
/KENT W CHANG/Supervisory Patent Examiner, Art Unit 2614
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