Prosecution Insights
Last updated: April 19, 2026
Application No. 18/575,708

METHOD AND APPARATUS FOR MITIGATING SPECULAR HIGHLIGHTS IN IMAGING OF BIOLOGICAL TISSUE

Non-Final OA §102§103
Filed
Dec 29, 2023
Examiner
DABBI, JYOTSNA V
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Cytoveris Inc.
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 5m
To Grant
85%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
333 granted / 541 resolved
-6.4% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
38 currently pending
Career history
579
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
57.6%
+17.6% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 541 resolved cases

Office Action

§102 §103
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 . Response to Amendment The amendments to Claim 1 in the submission filed 12/29/2023 are acknowledged and accepted. Cancellation of Claims 2-7 is acknowledged and accepted. Pending Claims are 1,8-21. Drawings The drawings with 3 Sheets of Figs. 1-3 received on 12/29/2023 are acknowledged and accepted. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 1,17,21, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al (US 2015/0153553 A1, of record). Regarding Claim 1, Yang teaches (fig 2-3) a system for imaging a tissue sample (fluorescence observation device, para 41), comprising: a dome (dome, para 41) configured to surround at least a portion of a tissue sample (object is an experimental animal, para 41 and a top surface tissue of the object is considered the tissue sample), the tissue sample having an exposed surface, and the dome (dome, para 41) having one or more interior surfaces (reflected portion 130’, para 42) that define an interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) of the dome; at least one excitation light source (“The light source assembly 13' includes light source 131' composed of a plurality of directivity illumination elements, such as LED”, para 42) configured to produce light at one or more predetermined wavelengths (LEDs produce different wavelengths), the at least one excitation light source in photometric communication (as in fig 2) with the dome (dome, para 41) to permit the light produced at the one or more predetermined wavelengths to be passed into the interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) of the dome; wherein the one or more interior surfaces (reflected portion 130’, para 42) are configured to reflect the light at the one or more predetermined wavelengths (light from 131’), wherein the interior surface materials (the materials with which the interior surface 130’ is made of) of the dome (dome 36”) are photometrically nonreactive and highly reflective of the light at one or more predetermined wavelengths (light from light sources 131’) (“a reflected portion 130' formed on the inner side of dome 11', which reflects the light beam from the light source 131' back to the predetermined observation site 100' on base 10'”, para 42) and the dome (dome, para 42) is configured to cause the light at the one or more predetermined wavelengths (light from light sources 131’) to be incident to the exposed surface of the tissue sample (object is an experimental animal, para 41 and a top surface tissue of the object is considered the tissue sample) in a substantially uniform manner (“light source 131' composed of a plurality of directivity illumination elements, such as LED”, para 42 and hence delivers uniform illumination, “a reflected portion 130' formed on the inner side of dome 11', which reflects the light beam from the light source 131' back to the predetermined observation site 100' on base 10”, para 42); and at least one light detector (The fluorescence observation device disclosed herein may be directly combined with a microscope base and then installed on the main body of a conventional optical microscope, so as to construct a useful fluorescence microscope. The detector is in the microscope, also observation aperture 110’, para 42 indicates a detection device, para 47) in photometric communication with the dome (dome, para 41) and configured to detect light emitted from the tissue sample or reflected by the tissue sample (object is an experimental animal and a top surface tissue of the object is considered the tissue sample); and wherein the one or more interior surfaces (reflected portion 130', para 42) of the dome do not fluoresce (the surface is reflective and does not fluoresce) when interrogated with the light at the one or more predetermined wavelengths (light from light sources 131’) in an amount that would interfere with the imaging of the tissue sample (object is an experimental animal and a top surface tissue of the object is considered the tissue sample) (“a reflected portion 130' formed on the inner side of dome 11', which reflects the light beam from the light source 131' back to the predetermined observation site 100' on base 10'”, para 42, “to provide a fluorescence observation device with a partition dome to shield the interference of external strong light and noise light, so as to improve the quality of fluorescence microscope imaging”, para 17). Regarding Claim 17, Yang teaches (fig 2-3) a method for imaging a tissue sample method using (method using fluorescence observation device, para 41), comprising: using a dome (dome, para 41) to enclose at least a portion of a tissue sample (object is an experimental animal, para 41 and a top surface tissue of the object is considered the tissue sample), the tissue sample having an exposed surface, and the dome (dome, para 41) having one or more interior surfaces (reflected portion 130’, para 42) that define an interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) of the dome; using at least one excitation light source (“The light source assembly 13' includes light source 131' composed of a plurality of directivity illumination elements, such as LED”, para 42) to produce light at one or more predetermined wavelengths (LEDs produce different wavelengths), the at least one excitation light source in photometric communication (as in fig 2) with the dome (dome, para 41) to permit the light produced at the one or more predetermined wavelengths to be passed into the interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) of the dome; wherein the dome interior surfaces (reflected portion 130’, para 42) are configured to reflect the light at the one or more predetermined wavelengths (light from 131’), and the dome (dome, para 42) is configured to cause the light at the one or more predetermined wavelengths (light from light sources 131’) to be incident to the exposed surface of the tissue sample (object is an experimental animal, para 41 and a top surface tissue of the object is considered the tissue sample) in a substantially uniform manner (“light source 131' composed of a plurality of directivity illumination elements, such as LED”, para 42 and hence delivers uniform illumination, “a reflected portion 130' formed on the inner side of dome 11', which reflects the light beam from the light source 131' back to the predetermined observation site 100' on base 10”, para 42); and using at least one light detector (The fluorescence observation device disclosed herein may be directly combined with a microscope base and then installed on the main body of a conventional optical microscope, so as to construct a useful fluorescence microscope. The detector is in the microscope, also observation aperture 110’, para 42 indicates a detection device, para 47) in communication with the dome (dome, para 41) and configured to detect light emitted from the tissue sample or reflected by the tissue sample (object is an experimental animal and a top surface tissue of the object is considered the tissue sample); and imaging the tissue sample using the detected light (microscope objective imaging the sample from detected light). Regarding Claim 21, Yang teaches the method of claim 17, wherein the imaging step is based on one or more of a reflection-based measurement, or a fluorescence-based measurement (fluorescence based as fluorescence observation device, para 41), or a Raman spectroscopy measurement, or any combination thereof. 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) 8-11,14,18-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2015/0153553 A1, of record) in view of Xu et al (US 2015/0260648 A1). Regarding Claim 8, Yang teaches the system of claim 1. However, Yang does not teach wherein the dome includes wall portions and a layer of material that is attached to the wall portions such that the layer of material defines the one or more interior surfaces that defines the interior cavity of the dome, wherein the layer of material is configured to reflect the light at one or more predetermined wavelengths, and is photometrically non-reactive to the light at one or more predetermined wavelengths. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the dome (integrating sphere 110, para 21) includes wall portions (wall portions of the sphere 110) and a layer of material (“The interior of the integrating sphere is coated with materials having a high diffuse reflectance value”, para 24) that is attached to the wall portions (wall of the sphere 110) such that the layer of material (coating material, para 24) defines the one or more interior surfaces (interior surface of the sphere 110) that defines the interior cavity of the dome (integrating sphere 110), wherein the layer of material (coating material, para 24) is configured to reflect the light at one or more predetermined wavelengths (“the coating selected is configured to reflect 99% or greater of the incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24), and is photometrically non-reactive to the light at one or more predetermined wavelengths (the flat mirror just reflects the light from light sources and does not react photometrically). Therefore, 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 wall portion of Yang to include a layer of material of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 9, Yang-Xu teaches the system of claim 8. However, Yang does not teach wherein the layer of material is highly reflective of the light at one or more predetermined wavelengths. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the layer of material (“The interior of the integrating sphere is coated with materials having a high diffuse reflectance value”, para 24) is highly reflective of the light at one or more predetermined wavelengths (“the coating selected is configured to reflect 99% or greater of the incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24). Therefore, 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 wall portion of Yang to include a layer of material which is highly reflective of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 10, Yang-Xu teaches the system of claim 8. However, Yang does not teach wherein the wall portions are configured to not fluoresce when interrogated with the light at one or more predetermined wavelengths in an amount that would interfere with the imaging of the tissue sample. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the wall portions wall portions (wall portions of the sphere 110) are configured to not fluoresce (“When the light from the secondary light beam 124 is directed into the interior of the integrating sphere 110, it is diffused on the coated inner surface of the integrating sphere 110. The light from the secondary light source 124 is continuously dispersed around the interior volume of the integrating sphere 110. The dispersed light is diffused such that only light that has been reflected off the interior walls is capable of leaving the interior volume of the integrating sphere 110 through the exit port 116”, para 32, this indicates only reflectance and no fluorescence generated by the walls) when interrogated with the light at one or more predetermined wavelengths (“incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24) an amount that would interfere with the imaging of the sample (sample 108, para 29). Therefore, 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 wall portion of Yang to include not fluoresce as of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 11, Yang teaches the system of claim 8. However, Yang does not teach wherein the layer of material does not fluoresce when interrogated with the light at one or more predetermined wavelengths in an amount that would interfere with the imaging of the tissue sample. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the layer of material (“The interior of the integrating sphere is coated with materials having a high diffuse reflectance value”, para 24) does not fluoresce when interrogated with the light at one or more predetermined wavelengths (“the coating selected is configured to reflect 99% or greater of the incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24, this indicates that the coating or layer of material does not fluoresce) in an amount that would interfere with the imaging of the tissue sample. Therefore, 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 wall portion of Yang to include layer of material which does not fluoresce as of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 14, Yang teaches the system of claim 1. However, Yang does not teach wherein the interior surfaces of the dome function as a Lambertian surface. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the interior surfaces of the dome (integrating sphere 110, para 21) function as a Lambertian surface (“Light is directed into the interior volume of the integrating sphere, which is coated with a matte surface. The diffusion of light in the integrating sphere proceeds according to Lambertian behavior”, para 5) Therefore, 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 dome of Yang to include the Lambertian surface of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 18, Yang teaches the method of claim 17. However, Yang does not teach wherein the dome includes wall portions that are covered with a coating material that reflects the light at one or more predetermined wavelengths, and is photometrically non-reactive to the light at one or more predetermined wavelengths, such that the coating material does not fluoresce when interrogated with the light at one or more predetermined wavelengths in an amount that would interfere with the imaging of the tissue sample. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the dome (integrating sphere 110, para 21) includes wall portions (wall portions of the sphere 110) that are covered with a coating material (“The interior of the integrating sphere is coated with materials having a high diffuse reflectance value”, para 24) that reflects the light at one or more predetermined wavelengths (“the coating selected is configured to reflect 99% or greater of the incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24), and is photometrically non-reactive to the light at one or more predetermined wavelengths (the flat mirror just reflects the light from light sources and does not react photometrically), such that the coating material does not fluoresce when interrogated with the light at one or more predetermined wavelengths in an amount that would interfere with the imaging of the tissue sample (the coating is highly reflective of the incident light and hence does not fluoresce). Therefore, 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 wall portion of Yang to include a layer of material of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 19, Yang teaches the method of claim 17, However, Yang does not teach wherein the dome includes wall portions and a layer of material that is attached to the wall portions such that the layer of material defines the one or more interior surfaces that defines the interior cavity of the dome, wherein the layer of material is configured to reflect the light at one or more predetermined wavelengths, and is photometrically non-reactive to the light at one or more predetermined wavelengths. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the dome (integrating sphere 110, para 21) includes wall portions (wall portions of the sphere 110) and a layer of material (“The interior of the integrating sphere is coated with materials having a high diffuse reflectance value”, para 24) that is attached to the wall portions (wall of the sphere 110) such that the layer of material (coating material, para 24) defines the one or more interior surfaces (interior surface of the sphere 110) that defines the interior cavity of the dome (integrating sphere 110), wherein the layer of material (coating material, para 24) is configured to reflect the light at one or more predetermined wavelengths (“the coating selected is configured to reflect 99% or greater of the incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24), and is photometrically non-reactive to the light at one or more predetermined wavelengths (the flat mirror just reflects the light from light sources and does not react photometrically). Therefore, 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 wall portion of Yang to include a layer of material of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Regarding Claim 20, Yang teaches the method of claim 17. However, Yang does not teach wherein the layer of material is photometrically inactive to the light at one or more predetermined wavelengths such that the layer of material does not fluoresce when interrogated with the light at one or more predetermined wavelengths in an amount that would interfere with the imaging of the tissue sample. Yang and Xu are related as illumination devices for samples. Xu teaches (fig 1) wherein the layer of material (“The interior of the integrating sphere is coated with materials having a high diffuse reflectance value”, para 24) is photometrically inactive to the light at one or more predetermined wavelengths such that the layer of material does not fluoresce when interrogated with the light at one or more predetermined wavelengths (“the coating selected is configured to reflect 99% or greater of the incident light directed into the integrating sphere 110 in the wavelengths from 300 nm to 900 nm”, para 24, this indicates that the coating or layer of material does not fluoresce) in an amount that would interfere with the imaging of the tissue sample. Therefore, 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 wall portion of Yang to include layer of material which does not fluoresce as of Xu for the purpose of using an arrangement where intensity of light is relatively constant at all points (para 5) and achieve reliable measurements (para 1). Claim(s) 12,13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2015/0153553 A1, of record) in view of Paulus et al (US 2011/0026113 A1, of record). Regarding Claim 12, Yang teaches the system of claim 1. However, Yang does not teach wherein the dome includes a base dome section that is configured as a partial sphere, and a top dome section that is configured as a partial sphere. Yang and Paulus are related as illumination devices for samples. Paulus teaches (fig 3) wherein the dome (reflector 310, para 36) includes a base dome section (first portion 311, para 36) that is configured as a partial sphere, and a top dome section (second portion 312, para 36) that is configured as a partial sphere (311,312 partial spheres as in fig 3). Therefore, 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 dome of Yang to include the base and top dome sections of Paulus for the purpose of using an arrangement which is easy to operate, transform and yet capable of covering the object while helping to avoid injury and damage (para 8). Regarding Claim 13, Yang-Paulus teaches the system of claim 12. However, Yang does not teach wherein the base dome section and the top dome section are releasably attached to one another. Yang and Paulus are related as illumination devices for samples. Paulus teaches (fig 3) wherein base dome section (first portion 311, para 36) and the top dome section (second portion 312, para 36) are releasably attached to one another (joint 313 links first portion 311 o second portion 312, para 36 and hence they releasably attached). Therefore, 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 dome of Yang to include releasably attached base and top dome sections of Paulus for the purpose of using an arrangement which is easy to operate, transform and yet capable of covering the object while helping to avoid injury and damage (para 8). Claim(s) 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2015/0153553 A1, of record) in view of Ohkubo et al (US 2011/0155926 A1). Regarding Claim 15, Yang teaches the system of claim 1, wherein the dome (dome, para 42) includes a top dome section (the curved part of the dome in fig 2) and a base dome section (“dome coupled to and covering the base”, para 25, the dome is coupled to the base and hence the dome is considered to encompass the base 10’ and hence base 10’ is the base dome portion), and the top dome section (the curved part of the dome in fig 2) includes an imaging light aperture (transparent observation aperture 110’, para 42) configured to permit light to exit the dome and pass to the at least one light detector (The detector is in the microscope, also observation aperture 110’, para 42 indicates a detection device, para 47); and wherein the base dome section (“dome coupled to and covering the base”, para 25, the dome is coupled to the base and hence the dome is considered to encompass the base 10’ and hence base 10’ is the base dome portion) includes a sample observation site (100’, para 44) configured to receive the tissue sample; and wherein the imaging light aperture (transparent observation aperture 110’, para 42) is disposed on one side of the dome (dome, para 42) and the sample observation site (100’, para 44) is disposed on the opposite side of the dome (dome, para 42) with the dome interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) disposed therebetween. However, Yang does not teach a sample aperture. Yang and Ohkubo are related as illumination devices for samples. Ohkubo teaches (fig 1) wherein base dome section (bottom portion of integrating sphere 302, para 41) has a sample aperture (sample window 312, para 41). Therefore, 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 dome of Yang to include sample aperture of Ohkubo for the purpose of using techniques for accurate measurements (para 11). Claim(s) 16, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2015/0153553 A1, of record) in view of Bawolek et al (US 2016/0061717 A1, of record). Regarding Claim 16, Yang teaches (fig 2-3) a system for imaging a tissue sample (fluorescence observation device, para 41), comprising: a dome (dome, para 41) configured to surround at least a portion of a tissue sample (object is an experimental animal, para 41 and a top surface tissue of the object is considered the tissue sample), the tissue sample having an exposed surface, and the dome (dome, para 41) having one or more interior surfaces (reflected portion 130’, para 42) that define an interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) of the dome; at least one excitation light source (“The light source assembly 13' includes light source 131' composed of a plurality of directivity illumination elements, such as LED”, para 42) configured to produce light at one or more predetermined wavelengths (LEDs produce different wavelengths), the at least one excitation light source in photometric communication (as in fig 2) with the dome (dome, para 41) to permit the light produced at the one or more predetermined wavelengths to be passed into the interior cavity (cavity in fig 2 similar to light-shielding chamber 111, para 40, fig 1) of the dome; wherein the dome interior surfaces (reflected portion 130’, para 42) are configured to reflect the light at the one or more predetermined wavelengths (light from 131’), and the dome interior surfaces (“a reflected portion 130' formed on the inner side of dome 11', which reflects the light beam from the light source 131' back to the predetermined observation site 100' on base 10'”, para 42) are configured to be photometrically non-reactive to the light at one or more predetermined wavelengths (reflected portion reflects the light but does not fluoresce and hence it is non-reactive), and the dome (dome, para 42) is configured to cause the light at the one or more predetermined wavelengths (light from light sources 131’) to be incident to the exposed surface of the tissue sample (object is an experimental animal, para 41 and a top surface tissue of the object is considered the tissue sample) in a substantially uniform manner (“light source 131' composed of a plurality of directivity illumination elements, such as LED”, para 42 and hence delivers uniform illumination, “a reflected portion 130' formed on the inner side of dome 11', which reflects the light beam from the light source 131' back to the predetermined observation site 100' on base 10”, para 42); at least one light detector (The fluorescence observation device disclosed herein may be directly combined with a microscope base and then installed on the main body of a conventional optical microscope, so as to construct a useful fluorescence microscope. The detector is in the microscope, also observation aperture 110’, para 42 indicates a detection device, para 47) in photometric communication with the dome (dome, para 41) and configured to detect light emitted from the tissue sample or reflected by the tissue sample (object is an experimental animal and a top surface tissue of the object is considered the tissue sample); However, Yang does not teach a system controller in communication with the at least one excitation light source, the at least one light detector, and a non-transitory memory storing instructions, which instructions when executed cause the system controller to: control the at least one excitation light source to sequentially produce excitation light at the plurality of predetermined wavelengths; receive and process the signals from the at least one light detector for each sequential application of the plurality of predetermined wavelengths, and produce an image representative of the signals produced by each sequential application of the plurality of predetermined wavelengths; and analyze the tissue sample using a plurality of the images to identify a type of the tissue sample. Yang and Bawolek are related as illumination devices for samples. Bawolek teaches (fig 1B-5) a system controller (network controller 420, fig 4, para 54) in communication with the at least one excitation light source (illumination module 422, para 54), the at least one light detector (detection module 424, para 54), and a non-transitory memory storing instructions (RAM, para 61, fig 5), which instructions when executed cause the system controller (420, para 54) to: control the at least one excitation light source (illumination module 422), to sequentially produce excitation light at the plurality of predetermined wavelengths (illuminate sample with light from light sources, fig 6, box 622) (“The illumination module 422 may be configured to illuminate at least one portion of the sample with light from a multitude of light sources at a variety of wavelengths in a sequential or random order”, para 55) receive and process the signals from the at least one light detector (detection module 424) for each sequential application of the plurality of predetermined wavelengths, (detect returned light from the portion of the sample in response to illumination, fig 6, box 624) and produce an image representative of the signals produced by each sequential application of the plurality of predetermined wavelengths (“the photo detectors may be configured to capture an image in addition to detecting the reflected, transmitted, and/or scattered light. The spectral profile determined from analysis of the detected light and the image data may be linked together automatically for improved analysis”, para 47); and analyze the sample using a plurality of the images to identify a type of the sample (analyze the returned light to determine a spectral profile for the sample, fig 6, box 626) (“n a comprehensive spectral analysis, the response and comparison process may be repeated for a plurality of the light sources 314 to build a detailed collection of data comprising multiple wavelengths of light. When at least one of the photo detectors 316 is an imaging device, the analysis may be further directed to correspond to specific portions of the sample within the sampled image”, para 51). Therefore, 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 device of Yang to include system controller of Bawolek for the purpose of improving imaging and determining spectral profile of samples (para 7). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTSNA V DABBI whose telephone number is (571)270-3270. The examiner can normally be reached M-Fri: 9:00am-5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHONE ALLEN can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 1/9/2026
Read full office action

Prosecution Timeline

Dec 29, 2023
Application Filed
Jan 10, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
85%
With Interview (+23.7%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 541 resolved cases by this examiner. Grant probability derived from career allow rate.

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