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 .
Notice of Amendment
In response to the amendment filed on 12/6/2023, amended claims 1 and 4-15 are acknowledged. Claims 1-15 are currently pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3 recites the limitation “wherein the the first and second imaging data are obtained simultaneously”, which it appears should instead recite “wherein the first and second imaging data are obtained simultaneously”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6-8, and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chhibber et al. (US Publication No. 2013/0076932 A1), further in view of Eckhouse et al. (US Patent No. 10,999,569 B2).
Regarding claim 1, Chhibber et al. discloses a computer-implemented method, comprising:
receiving first and second imaging data obtained by an imaging system of a subject illuminated by first illumination in a first spectral band and second illumination in a second spectral band comprising different spectral content to the first spectral band (see [0043] – “The system 200 includes a plurality of light sources 208, including a first light source 208-1 of a first color and a second light source 208-2 of a second color distinct from the first color”), wherein the second illumination incident on the subject is polarized (see [0040] – “The light sources 208 are examples of the light source 160, and in some cases, include polarizer 162 (FIG. 1D). In some embodiments, at least one of the light sources 208 is configured to emit polarized light (e.g., a laser or polarized LED). In some embodiments, at least one of the light sources 208 is coupled with a polarizer to polarize the light emitted by at least the one light source”), and wherein:
the first and second illumination are admitted, via an imaging system polarizer (220) of the imaging system, into the imaging system depending on a polarization state of reflected first and second illumination received by the imaging system after reflection from a surface of the subject such that specular and diffuse reflected first illumination is admitted into the imaging system and diffuse reflected second illumination is admitted into the imaging system (see [0096] – “However, the parallel-polarization image may still include a small contribution from diffusely reflected light, and in some cases, it is advantageous to remove the contribution from diffusely reflected light. Thus, in some embodiments, obtaining the multi-color image includes (608): obtaining a parallel-polarization image of the subject; obtaining a cross-polarization image of the subject; and subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject to produce the multi-color image of the subject. For example, the parallel-polarization image is obtained by taking an image with the imaging system 200 (FIG. 2A) while an axis of the polarizer 220 is aligned with a polarization of the light impinging on the subject 202, and the cross-polarization image of the subject is obtained by taking an image while the axis of the polarizer 220 is perpendicular to the polarization of the light impinging on the subject 202. Subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject further reduces the contribution from diffusely reflected light, and maintains the contribution from specularly reflected light. Thus, in some embodiments, only the contributions from specularly reflected light are obtained by subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject”); and
determining information regarding specular reflection from the surface of the subject by comparing the first and second imaging data (see [0096] – “However, the parallel-polarization image may still include a small contribution from diffusely reflected light, and in some cases, it is advantageous to remove the contribution from diffusely reflected light. Thus, in some embodiments, obtaining the multi-color image includes (608): obtaining a parallel-polarization image of the subject; obtaining a cross-polarization image of the subject; and subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject to produce the multi-color image of the subject. For example, the parallel-polarization image is obtained by taking an image with the imaging system 200 (FIG. 2A) while an axis of the polarizer 220 is aligned with a polarization of the light impinging on the subject 202, and the cross-polarization image of the subject is obtained by taking an image while the axis of the polarizer 220 is perpendicular to the polarization of the light impinging on the subject 202. Subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject further reduces the contribution from diffusely reflected light, and maintains the contribution from specularly reflected light. Thus, in some embodiments, only the contributions from specularly reflected light are obtained by subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject”).
It is noted Chhibber et al. does not specifically teach the received first imaging data is obtained within the first spectral band as a result of a first color filter of the imaging system admitting at least part of the first spectral band into the imaging system and preventing admission of at least part of the second spectral band into the imaging system such that a majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination or the received second imaging data is obtained within the second spectral band as a result of a second color filter of the imaging system admitting at least part of the second spectral band into the imaging system and preventing admission of at least part of the first spectral band into the imaging system such that a majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination. However, Eckhouse et al. teaches the received first imaging data is obtained within the first spectral band as a result of a first color filter of the imaging system admitting at least part of the first spectral band into the imaging system and preventing admission of at least part of the second spectral band into the imaging system such that a majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination and the received second imaging data is obtained within the second spectral band as a result of a second color filter of the imaging system admitting at least part of the second spectral band into the imaging system and preventing admission of at least part of the first spectral band into the imaging system such that a majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination (see col. 13, lines 14-24 – “For example, each of apertures pairs 114, 116, and 118 may be provided with a different color filter such that, for example, aperture pair 114 may be dedicated to transmitting red wavelengths, aperture pair 116 may be dedicated to transmitting blue wavelengths, and aperture pair 118 may be dedicated to transmitting green wavelengths. This may allow simultaneous illumination of sample 110 with the three LEDs 122 and capture of multiple images of sample 110, an image for each LED 122 and for each of the two imaging systems, at different dedicated sensors 108 or regions thereof”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Chhibber et al. to include the received first imaging data is obtained within the first spectral band as a result of a first color filter of the imaging system admitting at least part of the first spectral band into the imaging system and preventing admission of at least part of the second spectral band into the imaging system such that a majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination or the received second imaging data is obtained within the second spectral band as a result of a second color filter of the imaging system admitting at least part of the second spectral band into the imaging system and preventing admission of at least part of the first spectral band into the imaging system such that a majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination, as disclosed in Eckhouse et al., so as to allow measurement of different skin characteristics both from the skin’s surface and beneath (see Eckhouse et al.: col. 9, lines 24-29).
Regarding claim 2, Chhibber et al. teaches a timeframe over which the first imaging data is obtained at least partially overlaps with a timeframe over which the second imaging data is obtained (see [0064] – “As used herein, a two-color image refers to an image obtained while the subject is illuminated concurrently with light sources of two distinct colors, and a four-color image refers to an image obtained while the subject is illuminated concurrently with light sources of four distinct colors”). Eckhouse et al. also teaches a timeframe over which the first imaging data is obtained at least partially overlaps with a timeframe over which the second imaging data is obtained (see col. 10, lines 25-32 – “Alternatively, sensor 108 may be divided into different regions, each region allocated to detect a different one of the wavelength ranges. Thus, sensor 108 may have a region allocated for acquiring images of the tissue under blue, red, and green illumination, accordingly. This configuration allows simultaneously illuminating the tissue with all three wavelength ranges, and capturing individual images for each illuminating wavelength range”).
Regarding claim 3, Chhibber et al. teaches the first and second imaging data are obtained simultaneously (see [0064] – “As used herein, a two-color image refers to an image obtained while the subject is illuminated concurrently with light sources of two distinct colors, and a four-color image refers to an image obtained while the subject is illuminated concurrently with light sources of four distinct colors”). Eckhouse et al. also teaches the first and second imaging data are obtained simultaneously (see col. 10, lines 25-32 – “Alternatively, sensor 108 may be divided into different regions, each region allocated to detect a different one of the wavelength ranges. Thus, sensor 108 may have a region allocated for acquiring images of the tissue under blue, red, and green illumination, accordingly. This configuration allows simultaneously illuminating the tissue with all three wavelength ranges, and capturing individual images for each illuminating wavelength range”).
Regarding claim 4, Chhibber et al. teaches the imaging system polarizer is configured to admit, into the imaging system, reflected first and second illumination that has an electric field component that is parallel to a polarization axis of the imaging system polarizer; and attenuate reflected first and second illumination that has an electric field component that is perpendicular to the polarization axis (see [0048] – “The polarizer 220 may be adjusted such that it is aligned with the polarization of light emitted by the light sources 208 thereby admitting light of the same polarization as light emitted by the light sources 208 (e.g., specularly reflected light) while rejecting light of polarization perpendicular to the polarization of light from the sources 208”). Eckhouse et al. also teaches the imaging system polarizer is configured to admit, into the imaging system, reflected first and second illumination that has an electric field component that is parallel to a polarization axis of the imaging system polarizer; and attenuate reflected first and second illumination that has an electric field component that is perpendicular to the polarization axis (see col. 11, lines 14-28 – “Different combinations of parallel and/or crossed (orthogonal) polarizer pairs may be provided in the illumination and imaging paths: a linear polarization component, typically referred to as the “polarizer” may be provided with the LED to polarize the emitted light and illuminate the surface with the polarized light, and a complementary linear polarization component, typically referred to as the “analyzer” (parallel, crossed, or at another orientation to the polarizer) may be provided at one or more of the apertures of mask 104, accordingly. Alternatively, the “analyzer” may be provided at the collecting lens 102 or another suitable location in the optical path. Additionally, or alternatively, other polarization components, for example wave-plates and prisms may be provided in the illumination and/or imaging paths to achieved desired effects”).
Regarding claim 6, Eckhouse et al. teaches the first and second color filters are part of a color filter array configured to enable at least one imaging device of the imaging system to obtain the first imaging data within the first spectral band and the second imaging data within the second spectral band, the method further comprising extracting, from raw imaging data obtained by the at least one imaging device, the first imaging data separately from the second imaging data (see col. 13, lines 14-24 – “For example, each of apertures pairs 114, 116, and 118 may be provided with a different color filter such that, for example, aperture pair 114 may be dedicated to transmitting red wavelengths, aperture pair 116 may be dedicated to transmitting blue wavelengths, and aperture pair 118 may be dedicated to transmitting green wavelengths. This may allow simultaneous illumination of sample 110 with the three LEDs 122 and capture of multiple images of sample 110, an image for each LED 122 and for each of the two imaging systems, at different dedicated sensors 108 or regions thereof”).
Regarding claim 7, Chhibber et al. teaches A tangible machine-readable medium comprising instructions which, when executed by processing circuitry, causes the processing circuitry to implement the method of any of claim 1 (see [0039] – “The camera 204, which is an example of a camera 106 (FIG. 1), includes a photodetector 216 to acquire images of the subject 202, a non-transitory computer readable storage medium 212 to store acquired images, and camera control circuitry 214 (e.g., one or more processors) to control acquisition and storage of the images”).
Regarding claim 8, Chhibber et al. discloses an apparatus comprising processing circuitry (230), the processing circuitry comprising:
a receiving module configured to receive first and second imaging data obtained by an imaging system (200) of a subject illuminated by first illumination in a first spectral band and second illumination in a second spectral band comprising different spectral content to the first spectral band (see [0043] – “The system 200 includes a plurality of light sources 208, including a first light source 208-1 of a first color and a second light source 208-2 of a second color distinct from the first color”), wherein the second illumination incident on the subject is polarized (see [0040] – “The light sources 208 are examples of the light source 160, and in some cases, include polarizer 162 (FIG. 1D). In some embodiments, at least one of the light sources 208 is configured to emit polarized light (e.g., a laser or polarized LED). In some embodiments, at least one of the light sources 208 is coupled with a polarizer to polarize the light emitted by at least the one light source”), and wherein:
the first and second illumination are admitted, via an imaging system polarizer (220) of the imaging system, into the imaging system depending on a polarization state of reflected first and second illumination received by the imaging system after reflection from a surface of the subject such that specular and diffuse reflected first illumination is admitted into the imaging system and diffuse reflected second illumination is admitted into the imaging system (see [0096] – “However, the parallel-polarization image may still include a small contribution from diffusely reflected light, and in some cases, it is advantageous to remove the contribution from diffusely reflected light. Thus, in some embodiments, obtaining the multi-color image includes (608): obtaining a parallel-polarization image of the subject; obtaining a cross-polarization image of the subject; and subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject to produce the multi-color image of the subject. For example, the parallel-polarization image is obtained by taking an image with the imaging system 200 (FIG. 2A) while an axis of the polarizer 220 is aligned with a polarization of the light impinging on the subject 202, and the cross-polarization image of the subject is obtained by taking an image while the axis of the polarizer 220 is perpendicular to the polarization of the light impinging on the subject 202. Subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject further reduces the contribution from diffusely reflected light, and maintains the contribution from specularly reflected light. Thus, in some embodiments, only the contributions from specularly reflected light are obtained by subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject”); and
a determining module configured to determine information regarding specular reflection from the surface of the subject by comparing the first and second imaging data (see [0096] – “However, the parallel-polarization image may still include a small contribution from diffusely reflected light, and in some cases, it is advantageous to remove the contribution from diffusely reflected light. Thus, in some embodiments, obtaining the multi-color image includes (608): obtaining a parallel-polarization image of the subject; obtaining a cross-polarization image of the subject; and subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject to produce the multi-color image of the subject. For example, the parallel-polarization image is obtained by taking an image with the imaging system 200 (FIG. 2A) while an axis of the polarizer 220 is aligned with a polarization of the light impinging on the subject 202, and the cross-polarization image of the subject is obtained by taking an image while the axis of the polarizer 220 is perpendicular to the polarization of the light impinging on the subject 202. Subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject further reduces the contribution from diffusely reflected light, and maintains the contribution from specularly reflected light. Thus, in some embodiments, only the contributions from specularly reflected light are obtained by subtracting the cross-polarization image of the subject from the parallel-polarization image of the subject”).
It is noted Chhibber et al. does not specifically teach the received first imaging data is obtained within the first spectral band as a result of a first color filter of the imaging system admitting at least part of the first spectral band into the imaging system and preventing admission of at least part of the second spectral band into the imaging system such that a majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination or the received second imaging data is obtained within the second spectral band as a result of a second color filter of the imaging system admitting at least part of the second spectral band into the imaging system and preventing admission of at least part of the first spectral band into the imaging system such that a majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination. However, Eckhouse et al. teaches the received first imaging data is obtained within the first spectral band as a result of a first color filter of the imaging system admitting at least part of the first spectral band into the imaging system and preventing admission of at least part of the second spectral band into the imaging system such that a majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination and the received second imaging data is obtained within the second spectral band as a result of a second color filter of the imaging system admitting at least part of the second spectral band into the imaging system and preventing admission of at least part of the first spectral band into the imaging system such that a majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination (see col. 13, lines 14-24 – “For example, each of apertures pairs 114, 116, and 118 may be provided with a different color filter such that, for example, aperture pair 114 may be dedicated to transmitting red wavelengths, aperture pair 116 may be dedicated to transmitting blue wavelengths, and aperture pair 118 may be dedicated to transmitting green wavelengths. This may allow simultaneous illumination of sample 110 with the three LEDs 122 and capture of multiple images of sample 110, an image for each LED 122 and for each of the two imaging systems, at different dedicated sensors 108 or regions thereof”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Chhibber et al. to include the received first imaging data is obtained within the first spectral band as a result of a first color filter of the imaging system admitting at least part of the first spectral band into the imaging system and preventing admission of at least part of the second spectral band into the imaging system such that a majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination or the received second imaging data is obtained within the second spectral band as a result of a second color filter of the imaging system admitting at least part of the second spectral band into the imaging system and preventing admission of at least part of the first spectral band into the imaging system such that a majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination, as disclosed in Eckhouse et al., so as to allow measurement of different skin characteristics both from the skin’s surface and beneath (see Eckhouse et al.: col. 9, lines 24-29).
Regarding claim 10, Chhibber et al. teaches the apparatus further comprises the imaging system (200) and/or an illumination system (208-1, 208-2) configured to provide the first and second illumination (see Figures 2A-C).
Regarding claim 11, Chhibber et al. teaches the imaging system polarizer is configured to admit, into the imaging system, reflected first and second illumination that has an electric field component that is parallel to a polarization axis of the imaging system polarizer; and attenuate reflected first and second illumination that has an electric field component that is perpendicular to the polarization axis (see [0048] – “The polarizer 220 may be adjusted such that it is aligned with the polarization of light emitted by the light sources 208 thereby admitting light of the same polarization as light emitted by the light sources 208 (e.g., specularly reflected light) while rejecting light of polarization perpendicular to the polarization of light from the sources 208”). Eckhouse et al. also teaches the imaging system polarizer is configured to admit, into the imaging system, reflected first and second illumination that has an electric field component that is parallel to a polarization axis of the imaging system polarizer; and attenuate reflected first and second illumination that has an electric field component that is perpendicular to the polarization axis (see col. 11, lines 14-28 – “Different combinations of parallel and/or crossed (orthogonal) polarizer pairs may be provided in the illumination and imaging paths: a linear polarization component, typically referred to as the “polarizer” may be provided with the LED to polarize the emitted light and illuminate the surface with the polarized light, and a complementary linear polarization component, typically referred to as the “analyzer” (parallel, crossed, or at another orientation to the polarizer) may be provided at one or more of the apertures of mask 104, accordingly. Alternatively, the “analyzer” may be provided at the collecting lens 102 or another suitable location in the optical path. Additionally, or alternatively, other polarization components, for example wave-plates and prisms may be provided in the illumination and/or imaging paths to achieved desired effects”).
Regarding claim 12, Eckhouse et al. teaches the illumination system comprises an illumination system polarizer configured to polarize the second illumination that is directed towards the subject, wherein a polarization axis of the imaging system polarizer is orthogonal to the polarization axis of the illumination system polarizer (see col. 11, lines 38-42 – “Perpendicular polarization in the illumination and imaging paths by providing two linear polarizers that are perpendicular to each other, one linear polarizer at one or more of LEDs 122 and the other linear polarizer along the imaging path, such as at mask 104”).
Regarding claim 13, Eckhouse et al. teaches the illumination system is configured such that the first illumination directed towards the subject is unpolarized or the illumination system comprises an additional illumination system polarizer configured to polarize the first illumination directed towards the subject such that the polarization state of the first illumination that is directed towards the subject is orthogonal to the polarization state of the second illumination that is directed towards the subject (see Figure 9D and col. 14, lines 51-60 – “Reference is now made to FIG. 9D which illustrates an exemplary implementation of mask 104 disposed with one or more polarization components. Surface 110 may be illuminated via one or more light sources 122 disposed with one or more polarization components, and one or more apertures dedicated to the LED with the polarization component may be disposed with a complementary polarization component. These paired polarization components may be parallel or crossed (orthogonal) with respect to each other, with ‘S’ and ‘P’ as defined above”).
Regarding claim 14, Chhibber et al. teaches the illumination system is configured to direct the first and second illumination towards the subject such that both a specular and diffuse component of the first and second illumination reflected from the surface of the subject is directed into the imaging system for admission thereinto depending on the polarization state of the reflected first and second illumination (see [0050] – “In some embodiments, the polarizer 220 is configured to rotate between 0.degree. and 90.degree. with respect to the polarization of light emitted by the light sources 208. In this configuration, the polarizer 220 admits partially polarized light. With the polarizer 220 in this configuration, the photodetector 216 may acquire an image of the subject 202 corresponding to a combination of surface and sub-surface skin images”).
Regarding claim 15, Eckhouse et al. teaches the imaging system comprises at least one imaging device and an optical filter array, wherein the optical filter array comprises the first color filter and the second color filter (see col. 13, lines 14-24 – “For example, each of apertures pairs 114, 116, and 118 may be provided with a different color filter such that, for example, aperture pair 114 may be dedicated to transmitting red wavelengths, aperture pair 116 may be dedicated to transmitting blue wavelengths, and aperture pair 118 may be dedicated to transmitting green wavelengths. This may allow simultaneous illumination of sample 110 with the three LEDs 122 and capture of multiple images of sample 110, an image for each LED 122 and for each of the two imaging systems, at different dedicated sensors 108 or regions thereof”), and wherein the optical filter array is configured to:
pass, to a first set of pixels of the at least one imaging device, at least part of the first spectral band into the imaging system such that the majority of intensity information in the first imaging data obtained within the first spectral band is derived from the first illumination (see col. 10, lines 25-41 – “Alternatively, sensor 108 may be divided into different regions, each region allocated to detect a different one of the wavelength ranges. Thus, sensor 108 may have a region allocated for acquiring images of the tissue under blue, red, and green illumination, accordingly. This configuration allows simultaneously illuminating the tissue with all three wavelength ranges, and capturing individual images for each illuminating wavelength range… a larger detector 108 may be more suited for simultaneous illumination-detection, having a greater number of pixels and/or detection area that can be divided and allocated among the different wavelength ranges while providing sufficient resolution”); and
pass, to a second, different, set of pixels of the at least one imaging device, at least part of the second spectral band into the imaging system such that the majority of intensity information in the second imaging data obtained within the second spectral band is derived from the second illumination (see col. 10, lines 25-41 – “Alternatively, sensor 108 may be divided into different regions, each region allocated to detect a different one of the wavelength ranges. Thus, sensor 108 may have a region allocated for acquiring images of the tissue under blue, red, and green illumination, accordingly. This configuration allows simultaneously illuminating the tissue with all three wavelength ranges, and capturing individual images for each illuminating wavelength range… a larger detector 108 may be more suited for simultaneous illumination-detection, having a greater number of pixels and/or detection area that can be divided and allocated among the different wavelength ranges while providing sufficient resolution”).
Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chhibber et al. and Eckhouse et al., further in view of Yamanashi (US Patent No. 9,953,237 B2).
Regarding claims 5 and 9, it is noted neither Chhibber et al. nor Eckhouse et al. specifically teach the information regarding specular information is indicative of a gloss level of the subject's skin, and wherein the gloss level is determined by calculating a difference between intensity information in the first imaging data and the second imaging data. However, Yamanashi teaches the information regarding specular information is indicative of a gloss level of the subject's skin, and wherein the gloss level is determined by calculating a difference between intensity information in the first imaging data and the second imaging data (see col. 4, lines 1-11 – “Accordingly, gloss determination device 100 uses camera 130 with a polarization filter to extract, from reflected light, a brightness value of a component which is polarized in the same direction as the polarization direction of the polarized light and a brightness value of a component which is polarized in a perpendicular direction to the polarization direction of the polarized light. Then, gloss determination device 100 determines a part where a difference between the extracted brightness values is large as a part where the degree of specular reflection is high, or the degree of gloss on the surface of the substance is high”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method and apparatus of Chhibber et al. and Eckhouse et al. to include the information regarding specular information is indicative of a gloss level of the subject's skin, and wherein the gloss level is determined by calculating a difference between intensity information in the first imaging data and the second imaging data, as disclosed in Yamanashi, so as to determine a region where the degree of gloss is high, as a region in which the degree of sebum secretion is high (see Yamanashi: col. 9, lines 34-36).
Conclusion
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/DEVIN B HENSON/Primary Examiner, Art Unit 3791
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