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 .
Election/Restrictions
Applicant’s election without traverse of Species B and C in the response of 21 April, 2026 is acknowledged. Claims 8 and 14 are withdrawn, and claims 1-7, 9-13 and 15-20 are examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
In regards to claim 12, the claim reads “the white-light image frame” [line 2]. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed this is a newly recited item.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), fourth paragraph:
Subject to the [fifth paragraph of 35 U.S.C. 112 (pre-AIA )], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
In regards to claim 2, the claim reads “The method of claim 1, wherein the fluorescence excitation illumination source and the white-light illumination source are configured to alternately provide illumination periods to the tissue of the subject”
Claim 1 requires that first the white illumination source illuminate, then the fluorescent source, without overlap. This is requiring them to alternately provide illumination periods. As such, claim 2 does not further limit claim 1 from which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-6, 9-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Chang et al. (US 2020/0234439).
In regards to Claim 1, Chang discloses a method of imaging tissue of a subject using an imaging system comprising a rolling shutter imager [302, Figs.3-4, abstract, para.119], a fluorescence excitation illumination source [334, Fig.3, para.116, 119], and a white-light illumination source [332, Fig.3, para.116, 119], the method comprising:
illuminating the tissue of the subject with the white-light illumination source for a first illumination period to accumulate charge at a plurality of rows of pixels of the rolling shutter imager, wherein the fluorescence excitation illumination source is off during the first illumination period [406, Fig.4, para.116, 119, 121, 125];
sequentially reading a first set of accumulated charge at the plurality of rows of pixels from a first row to a last row of the plurality of rows to produce a first set of imaging data [408, Fig.4, para.121, 125];
illuminating the tissue of the subject with the fluorescence excitation illumination source for a second illumination period after the first illumination period to accumulate charge at the plurality of rows of pixels of the rolling shutter imager, wherein the white-light illumination source is off during the second illumination period [406, Fig.4, para.116, 119, 121, 125];
sequentially reading a second set of accumulated charge at the plurality of rows of pixels from the first row to the last row of the plurality of rows to produce a second set of imaging data [408, Fig.4, para.121, 125]; and
generating one or more image frames based on the first set of imaging data and the second set of imaging data [para.125].
In regards to claim 2, Chang discloses the method of claim 1, wherein the fluorescence excitation illumination source and the white-light illumination source are configured to alternately provide illumination periods to the tissue of the subject [Fig.5, para.125: also see the related 112 (d) rejection hereinabove].
In regards to claim 3, Chang discloses the method of claim 2, wherein the fluorescence excitation illumination source is configured to provide illumination periods at a first frequency and wherein the white-light illumination source is configured to provide illumination periods at a second frequency [Fig.5, para.125: these are each provided at a frequency].
In regards to claim 4, Chang discloses the method of claim 3, wherein the first frequency or the second frequency corresponds to the frame rate of the rolling shutter imager [Fig.5, para.125].
In regards to claim 5, Chang discloses the. The method of claim 4, wherein the first frequency or the second frequency is half the frame rate of the rolling shutter imager [Fig.5, para.125: with two lights alternating, this is what is provided by definition].
In regards to claim 6, Chang discloses the method of claim 1, wherein each illumination period of the white-light illumination source is a variable configured to not exceed a first maximum value [Fig.5, para.125: As set forth here, the applicant does not require the illumination period of the white light actually vary over repeated instances of alternating white and fluorescent illumination].
In regards to claim 9, Chang discloses the method of claim 1, wherein each illumination period of the fluorescence excitation illumination source is a variable [Fig.5, para.125: As set forth here, the applicant does not require the illumination period actually vary over repeated instances of alternating white and fluorescent illumination] configured to not exceed a second maximum value.
In regards to claim 10, Chang discloses the method of claim 1, wherein the one or more image frames comprise a white-light image frame based on the first set of imaging data [para.125].
In regards to claim 11, Chang discloses the method of claim 1, wherein the one or more image frames comprise a fluorescence image frame based on the second set of imaging data [para.125].
In regards to claim 12, Chang discloses the method of claim 11, wherein the one or more image frames comprise a blended image frame based on the fluorescence image frame and the white-light image frame [para.138].
In regards to claim 13, Chang discloses the 13. The method of claim 12, wherein the fluorescence image frame is overlaid on the white-light image frame in the blended image frame [para.138].
In regards to claim 15, Chang discloses the method of claim 1, further comprising: adding the one or more image frames to a video stream [para.113, 115].
In regards to claim 16, Chang discloses the method of claim 1, wherein the white-light illumination source comprises an LED [para.116].
In regards to claim 17, Chang discloses the method of claim 1, wherein the fluorescence excitation illumination source comprises an infrared light [para.112].
In regards to claim 18, Chang discloses the method of claim 1, wherein the rolling shutter imager is part of an endoscopic imager [para.111-113].
In regards to claim 19, Chang discloses the 19. The method of claim 1, wherein the rolling shutter imager comprises a CMOS sensor [302, Fig.3, para.113].
In regards to claim 20, Chang discloses a system of imaging tissue of a subject, the system comprising:
a fluorescence excitation illumination source [334, Fig.3, para.116, 119],
a white-light illumination source [332, Fig.3, para.116, 119], and
an imaging apparatus [302, Figs.304, abstract, para.119] that comprises an electronic rolling shutter, the imaging apparatus being configured for:
illuminating the tissue of the subject with the white-light illumination source for a first illumination period to accumulate charge at a plurality of rows of pixels of the rolling shutter imager, wherein the fluorescence excitation illumination source is off during the first illumination period [406, Fig.4, para.116, 119, 121, 125];
sequentially reading a first set of accumulated charge at the plurality of rows of pixels from a first row to a last row of the plurality of rows to produce a first set of imaging data [408, Fig.4, para.121, 125];
illuminating the tissue of the subject with the fluorescence excitation illumination source for a second illumination period after the first illumination period to accumulate charge at the plurality of rows of pixels of the rolling shutter imager, wherein the white-light illumination source is off during the second illumination period[406, Fig.4, para.116, 119, 121, 125];
sequentially reading a second set of accumulated charge at the plurality of rows of pixels from the first row to the last row of the plurality of rows to produce a second set of imaging data [408, Fig.4, para.121, 125]; and
generating one or more image frames based on the first set of imaging data and the second set of imaging data [para.125].
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (US 2020/0234439) in view of Wunderman et al. (US 6,122,042).
In regards to claim 7, Chang discloses the method of claim 6, however does not positively disclose wherein the first maximum value is about 1 millisecond.
Wunderman teaches an imaging method wherein a rolling shutter imager [col.col.25 ll.56-60] receives white light exposure of 1 millisecond [col.33 ll.54-col.34 ll.36]. Wunderman teaches that this is done for the purpose of better imaging moving objects [col.34 ll.32-35].
Therefore it would have been obvious to one having ordinary skill in the art to modify the white-light illumination period disclosed by Chang to be 1 millisecond in accordance with the teachings of Wunderman. This would be done for the purposes taught above, creating a method where the first maximum value is about 1 millisecond.
Note that while Wunderman teaches plural first illumination periods within a period of charge accumulation for the first set of imaging data, this combination still reads on the limitations as set forth in claims 1, 6 and 7 as currently written.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON B FAIRCHILD whose telephone number is (571)270-5276. The examiner can normally be reached 8:30am-5pm Monday-Friday.
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/AARON B FAIRCHILD/Primary Examiner, Art Unit 3795
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