DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 1-8 and 12-13 are rejected under 35 U.S.C. 102(a1).
Claim(s) 9-11 and 14-15 are rejected under 35 U.S.C. 103.
Response to Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are moot in view of the new grounds of rejection presented below.
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.
Claim(s) 1-8 and 12-13 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 2023/0289956 to Kunio.
In regards to claims 1-8 and 12-13, Kunio discloses and shows in Figures 1-4, an optical measurement apparatus combining confocal measurement and low-coherence interferometric measurement (100), the apparatus and method comprising:
a system console and an imaging probe (160) (applicant’s housing) (Figure 1) (par. 9, 35, 40);
a confocal measurement subsystem (180, 183) disposed within the housing (par. 46-47);
an interferometric measurement subsystem (110, 120) disposed within the housing (par. 40-45);
a patient interface unit PIU (150) (applicant’s optical combiner) configured to provide the confocal measurement subsystem and the interferometric measurement subsystem with irradiative access to a region (170) to be measured located at a substantially static target location external to the housing (par. 42); and
a processing resource (200) operably coupled to the confocal measurement subsystem and the interferometric measurement subsystem (par. 45, 47, 49-50);
wherein the confocal measurement subsystem is configured to image longitudinally (321-1) (Figures 2a-b, 3) (par. 51-57, 65-67; wherein a real-time longitudinal fluorescence image is obtained);
the interferometric measurement subsystem is configured to image longitudinally (321-2) (par. 51-57, 65-67; wherein a real-time longitudinal OCT image is obtained); and
the processing resource is configured to calculate a confocal measurement and an interferometric measurement substantially contemporaneously over a measurement cycle (par. 51-57, 65-67; wherein confocal fluorescence data and OCT data are obtained simultaneously);
an optical path internal to the housing (107), the optical path extending from the optical combiner towards the region to be measured, the internal optical path being common to the confocal measurement subsystem and the interferometric measurement subsystem (Figure 1); and a length of the internal optical path is fixed (Figure 1) (par. 43; wherein the system is comprised of multiple optical fibers, each of which have a fixed length and are internal to the system console);
wherein a longitudinal imaging component (167, 168) is utilized to substantially contemporaneously obtain the confocal and interferometric measurements during a single translation of the longitudinal imaging component (par. 42, 51, 56-57, 65-67; wherein distal optics of an optical fiber catheter are utilized in a “pullback movement” to obtain simultaneous longitudinal OCT and fluorescence images) (Figures 2a-b, 3).
[claim 2] wherein the processing resource is configured to calculate, a confocal measurement and an interferometric measurement substantially contemporaneously over a measurement cycle (par. 51-57, 65-67, 71; wherein confocal fluorescence data and OCT data are obtained simultaneously);
[claim 3] wherein the interferometric measurement subsystem is substantially optically uninfluenced, by operation of the confocal measurement (par. 40-45, 71; wherein the OCT system obtains separate coherent measurements);
[claim 4] wherein the confocal measurement subsystem comprises at least one longitudinal imaging component (167, 168, 181, 189) (Figure 1) (par. 46-47; wherein the confocal subsystem includes a plurality of optical fibers, and distal optics);
the interferometric measurement subsystem comprises a measurement arm (10) and a reference arm (20) (par. 40-45); and
neither the measurement arm nor the reference arm of the interferometric measurement subsystem comprises the at least one longitudinal imaging component (Figure 1; wherein any of the optical fibers may be viewed as the longitudinal imaging component);
[claim 5] wherein the length of the internal optical path is unchanged over the measurement cycle (Figure 1) (par. 43; wherein the system is comprised of multiple optical fibers, each of which have a fixed length and are internal to the system console);
[claim 6] wherein the confocal measurement subsystem is operationally independent of the interferometric measurement subsystem (Figure 1) (par. 40-47, 71; wherein the OCT and fluorescence images are obtained by separate detectors and digital acquisition devices);
[claim 7] wherein the confocal measurement subsystem is operably coupled to the interferometric measurement subsystem (Figure 1) (par. 40-47, 71; wherein the OCT and fluorescence images are obtained through a common patient interface unit);
[claim 8] further comprising a source (110, 180) of at least partially coherent electromagnetic radiation (par. 40-42);
[claim 12] wherein the confocal measurement subsystem comprises a first translatable optical element (151, 152) (par. 42-43) and the interferometric measurement subsystem comprises a second translatable optical element (140, 141) (par. 44), the first and second optical elements being configured to be translated substantially contemporaneously (par. 40- 44);
[claim 13] wherein the confocal measurement subsystem comprises a fiber optic rotary joint (152) (applicant’s first translatable optical element) and the interferometric measurement subsystem comprises a pullback unit (151) (applicants’ a second translatable optical element); and the first and second translatable optical elements are carried by a patient interface unit (150) (applicant’s common translatable assembly) (Figure 1) (par. 42).
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.
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kunio, in view of US Publication 2012/0249963 to Yoshida.
In regards to claims 9-10, Kunio differs from the limitations in that it is silent to the apparatus further comprising:
[claim 9] wherein the source of the at least partially coherent electromagnetic radiation is a common source of electromagnetic radiation operably shared by the confocal measurement subsystem and the interferometric measurement subsystem;
[claim 10] wherein the confocal measurement subsystem and the interferometric subsystem are configured to use a source of electromagnetic radiation of a same wavelength.
However, Yoshida discloses a scanning laser opthalmoscope (SLO) that utilizes a shared, infrared SLD light source (101) with a center wavelength of 855 nm, to obtain a plurality of OCT and confocal images of a target object (par. 26), wherein the light source may also be "any other type of light source".
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Kunio to include the light source discussed above for the advantage of utilizing well-known light sources to obtain desired illumination characteristics for obtaining a plurality of desired imaging modalities, with a reasonable expectation of success.
In regards to claim 11, Kunio differs from the limitations in that it is silent to the apparatus further comprising:
[claim 11] wherein the optical combiner is configured to return more light towards the confocal measurement subsystem than the interferometric measurement subsystem (par. 43).
However, Yoshida discloses a plurality of dichroic mirrors (132-1, 132-2, 132-3) configured to branch a desired portion of light to image a plurality of different regions of a test object (par. 6, 20-24). Further, optical beam splitters, couplers and circulators that operate based on a desired reflection/transmission ratio are well-known to those of ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Kunio to include the optical elements discussed above for the advantage of utilizing well-known optical elements to obtain a desired ratio of signal separation and imaging, with a reasonable expectation of success.
Claim(s) 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kunio, in view of US Patent 6,172,752 to Haruna et al.
In regards to claims 14-15, Kunio discloses and shows in Figures 1-4, a system and method for obtaining multimode images of a sample comprising:
translating a longitudinal imaging component (160, 167, 168) in an optical path of a confocal measurement subsystem (180, 183) of an optical measurement apparatus in order to generate a longitudinal image during a single translation of the longitudinal imaging component thereby making a first measurement (par. 46-47);
substantially contemporaneously longitudinally imaging using an interferometric measurement subsystem (110, 120) of the optical measurement apparatus during the single translation of the longitudinal imaging component to make a second measurement (par. 40-45).
Kunio differs from the limitations in that it is silent to the apparatus further comprising:
a method of rapidly measuring a refractive index and a thickness of a region to be measured located at a substantially static target location using the first and second measurements;
[claim 15] further comprising: solving a system of equations using the first and second measurements by neglecting a dispersion of electromagnetic radiation or assuming a constant dependent upon the dispersion of the electromagnetic radiation.
However, Haruna teaches and shows an interferometric system and method for measuring optical characteristics of an object, wherein “arithmetic formulae in consideration with a wavelength dispersion” of the object are utilized to simultaneously measure the refractive index, the birefringence and the thickness of an object (abstract; col. 1, ll. 8-68; col. 11, ll. 19-26; col. 32, ll. 48-63; Eq. 26). Further, the measurement of a refractive index is disclosed as “one of the most basic” measurements in the optical field.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Kunio to include the measurement of a refractive index and a thickness of an object by solving equations which consider dispersion, for the advantage of obtaining a plurality of basic optical measurements in order to fully characterize an object under test, with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
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