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 .
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6 lines 1-2 “wherein the illumination system is selection from the group consisting of” should read “wherein the illumination [[system]] source is selected from the group consisting of”
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.
Claim(s) 1-2, 5, 12, 18, 21, 30 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann et al. (US 20170224935 hereinafter “Hoffmann”) in view of Bodduluri et al. (US 20080167674 hereinafter “Bodduluri”).
Regarding Claim 1, Hoffmann teaches (Figs 5-14) A dermal condition treatment system, comprising:
memory (66) comprising a treatment application;
a set of one or more processors (64); and
a handheld device (10) comprising:
an injection system (14) comprising:
a fluid-filled container (16; [0069]), a needle(24) in fluidic connection with the fluid- filled container (16), and an internal driver system (40) capable of ejecting fluid out of the needle from the fluid-filled container (See [0079]); and
an image acquisition system (62) comprising camera optics (74);
wherein the memory (66) and the set of one or more processors (64) is in communication with the handheld device (10);
wherein the set of one or more processors (64)is capable of performing steps via the treatment application, comprising:
acquiring image data using the image acquisition system (62; see [0105].
While Hoffmann teaches camera optics (74), Hoffmann does not explicitly state the processor is capable of:
detecting a feature in the acquired image data;
identifying a treatment site using the acquired image data; and
initiating a treatment injection at the treatment site via the injection system.
Bodduluri teaches [0015] a processor that uses images to determine the proper location for the delivery device to penetrate the tissue at the target location. (it is interpreted that the intradermal and subdermal images being processed would necessarily include the step of 'detecting a feature' in order to identify the treatment site).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hoffmann such that the processor is capable of: detecting a feature in the acquired image data; identifying a treatment site using the acquired image data; and initiating a treatment injection at the treatment site via the injection system as taught by Bodduluri. One of ordinary skill int eh art would have been motivated to do so in order to use the camera optics to determine the proper penetration depth and target tissue site for the delivery device to deliver therapeutic substance to the patient (See Bodduluri [0015]).
Regarding claim 2, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann further teaches the dermal condition treatment system wherein the injection system performs intradermal fluidic injection at the treatment site upon performing the steps of the treatment application (see Hoffmann [0064] teaching intradermal injection).
Regarding claim 5, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann further teaches the dermal condition treatment system further comprising: an illumination source capable of activation by the set of one or more processors (See [0114] teaching a light that illuminates the injection point); wherein the set of one or more processors is also capable of performing an additional step of activating the illumination source via the treatment application (see [0095] teaching the illumination source turning on to show injection depth based on depth from the control unit).
Regarding claim 12, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann further teaches the dermal condition treatment system wherein the set of one or more processors is housed separately from the handheld device (See [0097] and Fig 14, processors 64 are stored separately than handheld device).
Regarding Claim 18, Hoffmann teaches (Figs 5-14) a dermal condition treatment system, comprising:
memory (66) comprising a treatment application;
a set of one or more processors (64); and
a handheld device (10) comprising:
an injection system (14) comprising at least one needle (24), where the injection system is capable of ejecting a liquid (See [0069] teaching fluid within 16) through the at least one needle (See [0079]); and
at least one camera (74) capable of communicating with the set of one or more processors (64);
wherein the memory (66) and the set of one or more processors (64) is in communication with the handheld device (10);
wherein the set of one or more processors (64) is capable of performing steps via the treatment application, comprising:
acquiring image data using the at least one camera (see [0105]), the image data comprising a sequence of images (see [0100] teaching multiple images);
detecting a lesion in the sequence of images (See [0198] teaching the device is used to treat lesions).
While Hoffmann teaches camera optics (74), Hoffmann does not explicitly state the processor is capable of:
detecting a feature in the acquired image data;
identifying a treatment site using the acquired image data; and
initiating a treatment injection at the treatment site via the injection system.
Bodduluri teaches [0015] a processor that uses images to determine the proper location for the delivery device to penetrate the tissue at the target location. (it is interpreted that the intradermal and subdermal images being processed would necessarily include the step of 'detecting a feature' in order to identify the treatment site).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hoffmann such that the processor is capable of: detecting a feature in the acquired image data; identifying a treatment site using the acquired image data; and initiating a treatment injection at the treatment site via the injection system as taught by Bodduluri. One of ordinary skill int eh art would have been motivated to do so in order to use the camera optics to determine the proper penetration depth and target tissue site for the delivery device to deliver therapeutic substance to the patient (See Bodduluri [0015]).
Regarding Claim 21, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann further teaches the dermal condition treatment system further comprising: an illumination source capable of activation by the set of one or more processors (See [0114] teaching a light that illuminates the injection point); wherein the set of one or more processors is also capable of performing an additional step of activating the illumination source via the treatment application (see [0095] teaching the illumination source turning on to show injection depth based on depth from the control unit).
Regarding Claim 30, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann further teaches the dermal condition treatment system wherein initiating injection of the liquid into the treatment site using the injection system comprises providing an indication via a user interface (See [0015] and [0142] teaching an communication interface connector to the device), where the indication directs a user to manually initiate the injection (See [0154] teaching the injection could be done manually).
Regarding Claim 32, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann further teaches the dermal condition treatment system wherein the set of one or more processors (64) is housed separately from the handheld device (10; See [0097] and Fig 14, processors 64 are stored separately than handheld device).
Claim(s) 3, 6-9, 11, 20, 22-24 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann and Bodduluri as applied to claims 1, 5 and 18 above, and further in view of Planard-Luong (WO 2019234177 hereinafter “Planard”).
Regarding Claim 3, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system wherein the camera optics comprises: a Bayer camera; a monochrome camera capable of imaging red light; a monochrome camera capable of imaging an extended color spectral band including visible and near-infrared wavelengths; a camera capable of imaging near-infrared light; a camera capable of imaging infrared light; a camera including a polarizing filter; a camera capable of capturing a multispectral image; or a depth camera.
Planard teaches (see translation bolded paragraph number [0096]; *examiner notes that the bolded paragraph numbers are used for citations of Planard) teaching the camera uses polarizers to determine injection point.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the camera optics of Hoffmann such that the camera includes a polarizing filter as taught by Planard. One of ordinary skill in the art would have been motivated to do so in order to more precisely determine the injection point (Planard [0096]).
Regarding Claim 6, the combination of Hoffmann and Bodduluri teaches all elements of claim 5 as described above. Hoffmann does not specify the dermal condition treatment system wherein the illumination system is selected from the group consisting of: an infrared light source; a near-infrared light source; and a linear polarized light source.
Planard teaches (see bolded paragraph number [0059]) teaching the device including a light source, in particular a polarized white light source, a blue light source or an infrared light source.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the illumination system of Hoffmann such that it includes either a polarized light or an infrared light as taught by Planard. One of ordinary skill in the art would have been motivated to do so in order to help determine a more precise injection profile (Planard [0059]).
Regarding Claim 7, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system further comprising: a near-infrared light source capable of being activated by the set of one or more processors via the treatment application; wherein the image acquisition system comprises at least one camera that is capable of imaging near-infrared light.
Planard teaches (see [0058-0059]) teaching a camera that functions with an infrared light source.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the dermal condition treatment system of Hoffmann such that it comprises a near-infrared light source capable of being activated by the set of one or more processors via the treatment application; wherein the image acquisition system comprises at least one camera that is capable of imaging near-infrared light as taught by Planard. One of ordinary skill in the art would have been motivated to do so as this camera system with an infrared light source would help the device determine a more precise injection profile (Planard [0059]).
Regarding Claim 8, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system further comprising: a linear polarized light source capable of being activated by the set of one or more processors via the treatment application; wherein the image acquisition system comprises at least one camera that includes a polarizing filter.
Planard teaches [0096] a device including polarized light source used with the camera to calibrate the camera and determine the injection point.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the dermal condition treatment system of Hoffmann such that it comprises a linear polarized light source capable of being activated by the set of one or more processors via the treatment application; wherein the image acquisition system comprises at least one camera that includes a polarizing filter as taught by Planard. One of ordinary skill in the art would have been motivated to do so as this camera system with an polarizing source would help the device determine a more precise injection profile (Planard [0096]).
Regarding Claim 9, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system wherein: the acquired image data comprises a sequence of images; wherein the detecting the feature in the acquired image data comprises detecting a dermal condition in the sequence of images; wherein the identifying the treatment site using the acquired image data comprises: tracking the detected dermal condition using the sequence of images.
Planard teaches (see bolded [0046]) image acquisition at a frequency of greater than 50 images per second (a sequence of images), detection of a feature (see [0033] teaching detection of a ‘clinical signs’) and tracking of the condition and identifying the treatment site (See [0096]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the dermal condition treatment system of Hoffmann such that the acquired image data comprises a sequence of images; wherein the detecting the feature in the acquired image data comprises detecting a dermal condition in the sequence of images; wherein the identifying the treatment site using the acquired image data comprises: tracking the detected dermal condition using the sequence of images as taught by Planard. One of ordinary skill in the art would have been motivated to do so in order to help determine the precise target injection location (Planard [0096]).
Regarding Claim 11, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system wherein the set of one or more processors is housed within the handheld device.
Planard teaches [0078] that the fixed part (3) could include the means for processing signals (interpreted that one or more processors are within handheld device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hoffmann such that one or more processors is housed within the handheld device as taught by Planard. One of ordinary skill in the art would have been motivated to do so as it is an alternative location of the processor which provides the same results of analyzing the image data and providing a determination of target injection location.
Regarding Claim 20, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system wherein one of the at least one camera comprises at least one filter selected from the group consisting of: a polarizing filter; a Bayer color filter that filters light on a set of four adjacent pixels such that two of the pixels image Green light, one of the pixels images Blue light, and one of the pixels images Red light; a Bayer color filter that filters light on a set of four adjacent pixels such that two of the pixels image Red light, one of the pixels images Blue light, and one of the pixels images Green light; a multispectral filter; and a color filter that enables capture of a monochrome image in a specific spectral band selected from the group consisting of: a red color channel; near-infrared wavelengths; and an extended color spectral band including visible and near-infrared wavelengths.
Planard teaches (see [0096]) teaching the camera uses polarizers to determine injection point (this is considered a polarizing filter).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the camera optics of Hoffmann such that the camera includes a polarizing filter as taught by Planard. One of ordinary skill in the art would have been motivated to do so in order to more precisely determine the injection point (Planard [0096]).
Regarding Claim 22, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system wherein the handheld device further comprises an illumination system, wherein the illumination system comprises: an infrared light source; a near-infrared light source; or a linear polarized light source.
Planard teaches (see bolded paragraph number [0059]) teaching the device including a light source, in particular a polarized white light source, a blue light source or an infrared light source.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the illumination system of Hoffmann such that it includes either a polarized light or an infrared light as taught by Planard. One of ordinary skill in the art would have been motivated to do so in order to help determine a more precise injection profile (Planard [0059]).
Regarding Claim 23, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system further comprising: a near-infrared light source capable of being activated by the set of one or more processors via the treatment application; wherein one of the at least one camera is capable of imaging near-infrared light.
Planard teaches (see [0058-0059]) teaching a camera that functions with an infrared light source.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the dermal condition treatment system of Hoffmann such that it comprises a near-infrared light source capable of being activated by the set of one or more processors via the treatment application; wherein the image acquisition system comprises at least one camera that is capable of imaging near-infrared light as taught by Planard. One of ordinary skill in the art would have been motivated to do so as this camera system with an infrared light source would help the device determine a more precise injection profile (Planard [0059]).
Regarding Claim 24, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system further comprising: a linear polarized light source capable of being activated by the set of one or more processors via the treatment application; wherein one of the at least one camera includes a polarizing filter.
Planard teaches [0096] a device including polarized light source used with the camera to calibrate the camera and determine the injection point.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the dermal condition treatment system of Hoffmann such that it comprises a linear polarized light source capable of being activated by the set of one or more processors via the treatment application; wherein the image acquisition system comprises at least one camera that includes a polarizing filter as taught by Planard. One of ordinary skill in the art would have been motivated to do so as this camera system with an polarizing source would help the device determine a more precise injection profile (Planard [0096]).
Regarding Claim 31, the combination of Hoffmann and Bodduluri teach all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system wherein the set of one or more processors is housed within the handheld device.
Planard teaches [0078] that the fixed part (3) could include the means for processing signals (interpreted that one or more processors are within handheld device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Hoffmann such that one or more processors is housed within the handheld device as taught by Planard. One of ordinary skill in the art would have been motivated to do so as it is an alternative location of the processor which provides the same results of analyzing the image data and providing a determination of target injection location.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann and Bodduluri as applied to claim 1 above, and further in view of Zavislan (US 5653706).
Regarding Claim 4, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system wherein the camera optics comprises: a macro lens, telecentric optics, or periscope optics.
Zavislan teaches (Col 3 lines 50-55 and Col 4 lines 11-21) telecentric optics is a specific form of camera optics are used in treatments for dermal conditions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the camera optics of Hoffmann such that it is a telecentric optic as taught by Zavislan. One of ordinary skill in the art would have been motivated to do so in order to avoid distortion and provide high resolution images from the system (Zavislan Col 4 lines 11-21).
Claim(s) 10 and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann and Bodduluri as applied to claims 1 and 18 above, and further in view of Ginggen et al. (US 20170367729 hereinafter “Ginggen”).
Regarding Claim 10, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system further comprising a sensor for monitoring depth of injection, wherein the set of one or more processors is capable of directing the internal driver to control the depth of injection via the treatment application and the sensor.
Ginggen teaches [0157] a skin treatment device including a force sensor for monitoring depth of injection, and the processor is capable of directing the driver to control the depth of the injection (See [0098]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Hoffmann such that it comprises a sensor for monitoring depth of injection, wherein the set of one or more processors is capable of directing the internal driver to control the depth of injection via the treatment application and the sensor as taught by Ginggen. One of ordinary skill in the art would have been motivated to do so in order to determine the proper position/location of treatment (see Ginggen [0157]).
Regarding Claim 28, the combination of Hoffmann and Bodduluri teaches all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system wherein the injection system further comprises at least one force or displacement sensor and is capable of being controlled by the set of at least one processor via the treatment application.
Ginggen teaches [0157] a skin treatment device including a force sensor for monitoring depth of injection, and the processor is capable of directing the driver to control the depth of the injection (See [0098]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Hoffmann such that it comprises a force sensor and is capable of being controlled by the set of at least one processor via the treatment application as taught by Ginggen. One of ordinary skill in the art would have been motivated to do so in order to determine the proper position/location of treatment (see Ginggen [0157]).
Regarding Claim 29, the combination of Hoffmann, Bodduluri and Ginggen teaches the dermal condition treatment system of claim 28, wherein initiating injection of the liquid into the treatment site using the injection system comprises: determining an injection depth (See Hoffmann [0067] teaching controlling depth); monitoring sensor data generated by the at least one force or displacement sensor (see Ginggen [0157] teaching a force sensor); determining whether the injection depth is reached based upon the sensor data (see Ginggen [0157]); and when the injection depth is determined to have been reached, controlling the injection system to eject the liquid through the at least one needle (See Hoffmann [0094]).
Claim(s) 17 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann and Bodduluri as applied to claims 1 and 18 above, and further in view of Adini et al. (US 20120114668 hereinafter “Adini”).
Regarding Claim 17, the combination of Hoffmann and Bodduluri teaches all elements of claim 1 as described above. Hoffmann does not specify the dermal condition treatment system wherein the fluid within the fluid-filled container comprises triamcinolone.
Adini teaches [0135] triamcinolone is a possible drug used for treatment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fluid of Hoffmann such that the fluid is triamcinolone. One of ordinary skill in the art would have been motivated to do so based on the desired treatment/the suitability for the intended purpose of the treatment.
Regarding Claim 35, the combination of Hoffmann and Bodduluri teaches all elements of claim 18 as described above. Hoffmann does not specify the dermal condition treatment system wherein the liquid is triamcinolone.
Adini teaches [0135] triamcinolone is a possible drug used for treatment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fluid of Hoffmann such that the fluid is triamcinolone. One of ordinary skill in the art would have been motivated to do so based on the desired treatment/the suitability for the intended purpose of the treatment.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann and Bodduluri as applied to claim 18 above, and further in view of Bandic et al. (US 20110301441 hereinafter “Bandic”).
Regarding Claim 19, the combination of Hoffmann and Bodduluri teaches all elements of claim 18 as described above. Hoffmann further teaches the dermal condition treatment system wherein acquiring image data using the at least one camera further comprises: capturing an image using the at least one camera (See [0105]. Hoffmann does not specify wherein acquiring image data using the at least one camera further comprises: dewarping the captured image; and normalizing the dewarped image.
Bandic teaches [1362] a system that minimizes distortion artifacts of an image using filters and reducing resolutions of the blurred components (this process is being interpreted as ‘dewarping’ the image and ‘normalizing the dewarped image’)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Hoffmann such that it includes dewarping the captured image; and normalizing the dewarped image as taught by Bandic. One of ordinary skill in the art would have been motivated to do so in order to remove out-of band components and minimize distortion of the image prior to the analysis of the image (Bandic [1362]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baym et al. (US 20160008556) teaches a camera that images depth
Boyden (US 9550029) teaches camera with infrared light
Dimaio (CN 107205624) teaches monochrome camera (infrared light)
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/NEERAJA GOLLAMUDI/Examiner, Art Unit 3783
/WESLEY G HARRIS/Examiner, Art Unit 3783
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