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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the mobile autoscope including a motor configured to control a distance between the plurality of protruding members (claim 6) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 line 3 recites … a probe in contact with the capture target …. The examiner understands the applicant is not intending to claim the capture target as part of the invention, but the claim could be interpreted to include the capture target as part of the invention. Therefore, the examiner recommends amending the claim to functionally recite the capture target to avoid any potential issues under 35 U.S.C. 101 and 35 U.S.C. 112(b). Appropriate correction is required.
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.
Claims 1-10 are 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 1 lines 5-6 recites …configured to emit each of spectral light, ultraviolet light, or white light to the capture target …. The claim limitation is unclear because at the beginning of the limitation the term “each” implies being able to emit all of the light types and at the end of the limitation the term “or” implies only one of the light types being emitted. Therefore, the claim is unclear if the device needs to be capable of emitting all the light types or only one of the light types. For examination purposes, the examiner has interpreted the claim to require the device to be configured to emit all the light types to the capture target.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (U.S. Publication 2019/0090751).
Hwang discloses a device (for example see Figures 4-8) comprising:
(claim 1) a user terminal device (paragraph 51) including
(claim 1) a camera (10) configured to capture an image of a capture target (for example paragraphs 138 and 141)
(claim 1) a mobile autoscope (200; the device is capable of being used as an autoscope if one so desired)
(claim 1) wherein the mobile autoscope is detachably mounted to the user terminal device (paragraph 141)
(claim 1) wherein the mobile autoscope is configured to emit each of a spectral light, ultraviolet light, and white light to a capture target (paragraph 108)
(claim 1) wherein the user terminal device is configured to capture the capture target during the emission of spectral light, ultraviolet light, or white light to generate a spectral image, an ultraviolet excitation fluorescence image, or a three-dimensional shape image (the device is capable of generating a spectral image or an ultraviolet excitation fluorescence image)
(claim 2) wherein the mobile autoscope includes
(claim 2) a probe (240) configured to contact a capture target
(claim 2) a lens (224) disposed between a tip of the probe and the user terminal device (for example see Figure 5)
(claim 2) wherein the lens is configured to concentrate light outside the probe on the camera (for example see paragraphs 136-138)
(claim 2) a lighting module including a spectral light source and an ultraviolet light source (paragraph 108 states the light source can have white light or a plurality of spectral light and ultraviolet light)
(claim 3) wherein the ultraviolet light source includes an ultraviolet light emitting diode emitting ultraviolet light (paragraph 108)
(claim 3) wherein the mobile autoscope further includes
(claim 3) a first optical filter (a first filter of 2144) configured to bandpass filter light emitted from the ultraviolet light emitting diode to provide filtered light (for example a filter with a 400 nm wavelength would filter the higher end of the ultraviolet light; for example see paragraphs 64-66)
(claim 3) a second optical filter (a second filter of 2144) configured to filter fluorescence light generated by the ultraviolet light emitting diode and transmit fluorescence light (for example a filter with a 405 nm wavelength would provide filtered fluorescence light, i.e. visible light; light having a wavelength between 315 nm and 405 nm is known in the art as UV-A)
(claim 4) wherein the spectral light source includes a plurality of narrowband light emitting diodes having different center wavelengths (for example see paragraph 64)
(claim 8) a communication device configured to receive a capture command from the user terminal device (for example see paragraphs 92-96 and 155-166 especially paragraph 157)
(claim 8) wherein the mobile autoscope is configured to control the lighting module to sequentially emit spectral light and UV light when the capture command is received from the user terminal device (paragraphs 155-166; the device is fully capable of controlling the lighting module to sequentially emit spectral light and UV light when the capture command is received)
(claim 9) wherein the user terminal device is configured to display the plurality of images of different light sources (for example see paragraphs 98 and 141)
(claim 10) wherein the user terminal is configured to transmit generated plurality of images to an external server when a plurality of images of different light sources are generated (paragraphs 166-170; the device is fully capable of sending multiple images using multiple light sources to an external server)
(claim 10) wherein the user terminal is configured to display evaluation information when information of the plurality of images is received from an external server (for example see paragraph 166)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 3, 4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (U.S. Publication 2019/0090751) in view of Hwange (U.S. Publication 2019/0090751) and in view of Pandey (U.S. Publication 2017/0071509) and in view of Govari (U.S. Publication 2016/0255261).
Hwang discloses the invention as claimed, see above, except for the lens including a plurality of lenses, the lighting module including a spectral light source, an ultraviolet light source, and a white light source, and an optical fiber.
Regarding the device including a plurality of lenses, Hwang teaches a device comprising a user terminal device including a camera (10), a scope (100) mounted on the user terminal device including a light source (120) and a probe (130), wherein the scope includes a plurality of lenses (114; paragraphs 55-56) between the user terminal device and the tip of the probe in order to control the distance of the focal point to a lens of the camera. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Hwang wherein the lens includes a plurality of lenses in view of Hwang in order to control the distance of the focal point to a lens of the camera.
Regarding the device including a spectral light source, an ultraviolet light source, and a white source, Pandey teaches a device comprising a light source including a spectral light source having a plurality of light emitting diodes with different center wavelengths (paragraph 47) and an ultraviolet light emitting diode (paragraph 47), wherein the light source further includes a white light emitting diode in order to provide a traditional white light evaluation (paragraphs 47 and 48). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Hwang as modified by Hwang wherein the light source includes a spectral light source, an ultraviolent light source, and a white light source in view of Pandey in order to provide a traditional white light evaluation.
Regarding the device comprising an optical fiber, Govari teaches a device comprising a probe (22) and a light source (64), wherein the device further includes an optical fiber (60; paragraphs 39-41) from the light source to the tip of the probe in order to transmit light from the light sources evenly at a target. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Hwang as modified by Hwang as further modified by Pandey wherein the device further comprises an optical fiber configured to transfer light sources to the tip of the probe in view of Govari in order to transmit light from the light sources evenly at a target. The invention of Hwang as modified by Hwang as further modified by Pandey as further modified by Govari discloses a device wherein optical fibers transmit light from the spectral light source and the ultraviolet light source as claimed. The claim 2 does not limit the white light source from having an optical fiber.
Regarding claim 8, the invention of Hwang as modified by Hwang as further modified by Pandey as further modified by Govari discloses a device as discussed above wherein configured to control the lighting module to sequentially emit spectral light, ultraviolet light, and white light when a capture command is received from the user terminal device.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (U.S. Publication 2019/0090751) in view of Hwange (U.S. Publication 2019/0090751) further in view of Pandey (U.S. Publication 2017/0071509) further in view of Govari (U.S. Publication 2016/0255261) further in view of Elson (U.S. Publication 2021/0068645).
The invention of Hwang as modified by Hwang as further modified by Pandey as further modified by Govari discloses the invention as claimed except for the mobile autoscope further including a button and a communication device. Elson teaches a device comprising a user terminal device (10) and a mobile autoscope (2, 3, 8, etc.), wherein the mobile autoscope further includes a button (paragraph 62) receiving a capture command for a target object and a communication device (paragraph 62) for transmitting the capture command to the user terminal device, i.e. a button for controlling the phone to take a picture, in order to ease use of the device during an examination. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Hwang as modified by Hwang as further modified by Pandey as further modified by Govari further comprising a button and a communication device in view of Elson in order to ease use of the device during an examination.
Allowable Subject Matter
Claims 5 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 5, the examiner was unable to find a reference that discloses and/or teaches a light source including a spectral light source, an ultraviolet light source, and a white source, wherein the white light source includes a plurality white light emitting diodes at the tip of a probe.
Regarding claim 6, the examiner was unable to find a reference that discloses and/or teaches the autoscope including a handle, a gripping member with protruding members to selectively adjust a distance between the autoscope and the user terminal device, and a motor to control the distance between the plurality of protruding members.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775