Prosecution Insights
Last updated: April 19, 2026
Application No. 18/583,958

METHOD FOR MULTISPECTRAL RECORDING OF AN IMAGE STREAM AND ASSOCIATED IMAGE RECORDING SYSTEM

Non-Final OA §102
Filed
Feb 22, 2024
Examiner
NGUYEN, CHAN T H
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Schölly Fiberoptic GmbH
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
422 granted / 490 resolved
+24.1% vs TC avg
Minimal +3% lift
Without
With
+2.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
13 currently pending
Career history
503
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
31.9%
-8.1% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 490 resolved cases

Office Action

§102
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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, 12-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hans-George et al. (“Hans-George”, DE 102019132045). Regarding claim 1, Hans-George discloses a method for multispectral recording of an image stream (1), the method comprising: recording a sequence of single images (2) of a scene (5) as an image stream (1) using an image sensor (7) of an image recording system (23), including recording at least two different types of the single images (2a, 2b) in different associated wavelength ranges (11a, 11b) using the image sensor (7) (Hans-George: see fig. 1 and page 4, lines 36-37 and page 8, lines 15-19, recording a sequence of single images 33, 43 using an image sensor 34 of an image recording system 10, including recording at least two different types of the single image (33, 43) in different associated wave length ranges using the image sensor 34); and triggering the recording of the sequence of the single images (2) using the image sensor (7) using an external synchronization signal (13); wherein the external synchronization signal (13) is provided by a playback device, which is used for playing back the image stream (1) or by an external device (Hans-George: see fig. 4 and page 6, lines 31-35, page 10, lines 32-37, triggering the recording of the sequence of the single images 33, 43 using the image sensor 34 using external synchronization signal from the video processor of another device, wherein the external synchronization signal is provided by a play back device including video processor of another device and ad 90, which is used for playing back the image stream 89). Regarding claim 2, Hans-George discloses the method as claimed in claim 1, wherein the image stream (1) is played back by a playback device (14), which outputs the synchronization signal (13) (Hans-George: see fig. 4 and page 6, lines 31-35, wherein the image stream 89 is played back by a playback device including the video processor and ad 90, which outputs the synchronization signal). Regarding claim 3, Hans-George discloses the method as claimed in claim 1, further comprising during the recording of the single images (2a, 2b), illuminating the scene (5) using a chronologically alternating illumination, so that the at least two different types of single images (2a, 2b) spectrally differ (Hans-George: see fig. 4 and page 4, lines 12-16, page 8, lines 16-19, wherein during the recording of the single image 33/43, illuminating the scene using a chronologically alternating illumination, so that the at least two different types of single images 33/43/ spectrally differ). Regarding claim 4, Hans-George discloses the method as claimed in claim 1, further comprising transmitting the synchronization signal (13) in real-time (One of ordinary skill in the art would understand that the synchronization signal is transmitted in real-time). Regarding claim 5, Hans-George discloses the method as claimed in claim 1, further comprising the recording including recording at least one type A of the single images (2a) of the sequence during a chronological type A recording segment (8a), and recording at least one type B of the single images (2b) of the sequence during a chronological type B recording segment (8b), wherein the at least one type A single image (2a) and the at least one type B single image (2b) are recorded using the same image sensor (7) (Hans-George: see fig. 4 and page 4, lines 12-16, wherein the recoding include recording at least one type A of the single image 33 of the sequence during a chronological type A recording segment as first exposure time and recording at least one type B of the single image 43 of the sequence during a chronological type B recording segment as second exposure time, wherein the at least one type A single image 33 and the at least one type B single image 43 are recorded using the same image sensor 34). Regarding claim 6, Hans-George discloses the method as claimed in claim 5, wherein the recording of the at least one type A single image (2a) is recorded while illuminating the scene (5) using or by a first illumination light (3), which is in a first wavelength range (11a) (Hans-George: see page 7, lines 12-21, in which the recording of the at least one type A single image 33 is recorded while illumination the scene using or by a first illumination light 38), and the recording at least one type B single image (2b) is recorded while the scene (5) is illuminated using a second illumination light (4), which is in a second wavelength range (11b) deviating from the first wavelength range (11a) (Hans-George: see page 4, lines 35-37 and page 7, lines 12-21, note that the recording at least one type B single image 43 is recorded while the scene is illuminated using a second illumination light 48, which is in a second wavelength range deviating from the first wavelength range). Regarding claim 7, Hans-George discloses the method as claimed in claim 6, further comprising triggering a chronological modulation of the alternating illumination of at least one of the first illumination light (3) or the second illumination light (4) using the synchronization signal (13) output by the playback device (14) (Hans-George: see fig. 4 and page 4, lines 12-22, triggering a chronological modulation of the alternating illumination of at least one of the first illumination light 38 or the second illumination light 48 using the synchronization signal output by the playback device including the video processor and ad 90). Regarding claim 8, Hans-George discloses the method as claimed in claim 7, further comprising a camera control unit (19) receiving the synchronization signal (13) from the playback device (14) and transmitting the synchronization signal to a light source (21) in order to thus trigger the chronological modulation of the at least one of the first illumination light (3) or the second illumination light (4) (Hans-George: see fig. 4 and page 6, lines 31-33 and page 8, lines 16-19, wherein a camera control unit receiving the synchronization signal from the playback device including the video processor and transmitting the synchronization signal to the light source in order to thus trigger the chronological modulation of the at least one of the first illumination light 38 or the second illumination light 48). Regarding claim 9, Hans-George discloses the method as claimed in claim 8, further comprising continuously illuminating the scene (5) using a) an excitation light (34) and alternately using white light (35), and controlling the modulation of the white light (35) or the excitation light (34) using the external synchronization signal (13) (Hans-George: see fig. 4 and page 9, lines 44-50, continuously illuminating the scene using an excitation light as radiating the light source and alternately using while light and controlling the modulation of the white light or the excitation light of the camera control using the external synchronization signal). Regarding claim 12, Hans-George discloses the method as claimed in claim 6, wherein at least one of a) during at least one partial segment (10a) of the chronological type A recording segment (a), the scene (5) is also irradiated using the second illumination light (4), or b) during at least one partial segment (10b) of the chronological type B recording segment (8b), the scene (5) is also irradiated using the first illumination light (3) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. using addition illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).). Regarding claim 13, Hans-George discloses the method as claimed in claim 6, wherein at least one of a) during an entire chronological recording of the respective type A single image (2a), the scene (5) is only irradiated using the first illumination light (3) and not using the second illumination light (4), or b) during an entire chronological recording of the respective type B single image (2b), the scene (5) is only irradiated using the second illumination light (4), and not using the first illumination light (3) (Hans-George: see fig. 4 and page 8, lines 16-19, wherein at least one of a) during the entire chronological recording of the respective type A single image 33, the scene is only irradiated using the first illumination light 38 and not using the second illumination light 48, or b) during an entire the chronological recording of the respective type B single image 43, the scene is only irradiated using the second illumination light 48, and not using the first illumination light 38). Regarding claim 15, Hans-George discloses the method as claimed in claim 6, wherein the image stream (1) is played back on or by the playback device (14) with a playback frequency which is chronologically synchronized with at least one of a) a modulation frequency of the alternating illumination, or with an image recording frequency, at which the image sensor (4) records the single images (2) (Hans-George: see fig. 4, page 14, lines 40-47, wherein the frequency of the display parameter is determined or adjusted). Regarding claim 16, Hans-George discloses the method as claimed in claim 6, further comprising between two directly successive chronological illumination segments of at least one of the first illumination light (3) or the second illumination light (4), configuring an illumination-free pause segment (36), which is achieved by accordingly switching off at least one light source (21) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. deciding when using illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).). Regarding claim 17, Hans-George discloses the method as claimed in claim 16, wherein the pause segment (36) overlaps with at least one said recording segment (8) of one of the single images (2) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. deciding when switching off the illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).). Regarding claim 18, Hans-George discloses an image recording system (23), comprising: an image sensor (7), which is configured to record at least two different types of single images (2a, 2b) in different associated wavelength ranges (11a, 11b) as a continuous image stream (1), with a rate of the image sensor (7) during the recording of the single images (2a, 2b) being specifiable (Hans-George: see fig. 1 and page 4, lines 36-37 and page 8, lines 15-19, in which an image sensor 34, which is configured to record at least two different types of single image 33/43 in different associated wavelength ranges as a continuous image stream 89, with a rate of the image sensor 34 during the recording of the single images 33/43 being specifiable); the image sensor (7) is configured to adapt the rate based on an external synchronization signal (13), by changing at least one of an image recording frequency or by changing a respective starting point of the recording segment (8a, 8b) associated with said single image (2a, 2b) (Hans-George: see page 4, lines 12-21, in which the image sensor 34 is configured to adapt the rate based on an external synchronization 85, by changing at least one of an image recording frequency as different exposure times); and the image recording system (23) is configured to receive the external synchronization signal (13) via a signal input port (24) (Hans-George: see fig. 4, page 6, lines 31-35, note that the image recording system 30 is configured to receive the external synchronization signal from the video processor 80 which can be another device and should be via a signal input port). Regarding claim 19, Hans-George discloses the image recording system (23) as claimed in claim 18, wherein the image recording system (15) comprises one light source (21), which emits a first illumination light (3); and the image recording system (23) further comprises a controller (20) that is configured to activate the at least one light source (21) based on the received external synchronization signal (13) in order to modulate an intensity (Hans-George: see fig. 4 and page 6, lines 31-35, wherein the image recording system 10 comprises one light source 38, which emits at least one of a first illumination light and the image recording system further comprises a controller that is configured to active the at least one light source 38 based on the received external synchronization signal in order to modulate an intensity). Regarding claim 20, Hans-George discloses the image recording system (23) as claimed in claim 19, further comprising a camera control unit (19), which is configured to receive the external synchronization signal (13) and to at least one of a) transmit the external synchronization signal (13) to the image sensor (7), in order to thus trigger the recording of the single images (2a, 2b) (Hans-George: see fig. 4 and page 6, lines 31-35, in which a camera control unit which configured to receive the external synchronization signal and to transmit the external synchronization signal to the image sensor 34, in order to thus trigger the recording of the single image 33/43). Allowable Subject Matter Claims 10-11 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM. 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, Lin Ye can be reached at 571-272-7372. 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. /CHAN T NGUYEN/Patent Examiner, Art Unit 2638 /LIN YE/Supervisory Patent Examiner, Art Unit 2638
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Prosecution Timeline

Feb 22, 2024
Application Filed
Dec 24, 2025
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
89%
With Interview (+2.9%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 490 resolved cases by this examiner. Grant probability derived from career allow rate.

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