DETAILED ACTION
Election/Restrictions
1. Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-13 are drawn to particular for use confocal laser scanning device, classified in A 61B5/14555.
II. Claims 17-19 are drawn to a method for carrying out oximetry to acquire oxygen, classified in G01N 21/6486.
The inventions are independent or distinct, each from the other because: invention I using confocal laser scanning device use light scanning detector and Invention II, a method for carrying out oximetry to acquire oxygen, they do not need each other.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Martin D. Moynihan on 3/26/2026 a provisional election was made without traverse to prosecute the invention of I , claims 1-13. Affirmation of this election must be made by applicant in replying to this Office action. Claim17-19 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Priority
2. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
3. Oath and declaration filed on 4/8/2024 is accepted.
Information Disclosure Statement
4. The prior art documents submitted by application in the Information Disclosure Statement filed on 4/15/2024 and 4/8/2024 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 102
5. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ingram (7,084,973 B1).
Regarding claim 1, Ingram discloses (refer to figures 2-4) an assembly (column 1, lines 58-60), in particular for use in a confocal laser scanning device, comprising a light-sensitive detector (24) (column 4, lines 15-40) and an apparatus for focusing and/or geometrically delimiting light on a detection path characterized in that an apparatus is provided in the detection path which spectrally splits the light (2), wherein at least one optical component , which guides the spectrally split light onto a detection line of the detector, is provided, and wherein the detection line has fields , on each of which light having different wavelengths is incident (see Table 1).
Regarding claim 2, Ingram discloses characterized in that the detector is designed as a line detector, the detection line of which can be dynamically divided into individual spectral segments by an analog or digital circuit, wherein each spectral segment can be configured to acquire or with regard to the sensitivity of a specific spectral range and/or can be configured with regard to its spectral quantum efficiency.
Regarding claim 3, Ingram discloses characterized in that the fields of the detection line are assigned to multiple successive spectral segments or form such spectral segments and/or wherein the detection line is divided into different spectral segments, which each acquire light from different spectral ranges or having different wavelengths (see Table 1).
Regarding claim 4, Ingram discloses characterized in that at least two or more spectral segments differ from one another in their size or spatial, in particular linear and/or planar, extension, so that spectral segments of different sizes detect light from spectral ranges extending by different amounts or from intervals of the wavelengths of different sizes (see Table 1).
Regarding claim 5, Ingram discloses wherein characterized in that a readout apparatus is provided, which interconnects individual fields of the detection line in an analog or digital manner to form a spectral segment or to form multiple spectral segments , and/or in that the readout apparatus reads out the detection signals of a spectral segment individually or reads out the detection signals of all spectral segments completely interconnected or reads out the detection signals of individual spectral segments interconnected to form a group (see in figures 2-4).
Regarding claim 6 Ingram discloses, characterized in that the readout apparatus processes the detection signals and/or interconnects them to form an output channel and cooperates with an image creation apparatus which creates one image or multiple images, which is or are generated on the basis of detection signals obtained in parallel and/or simultaneously from one spectral segment or multiple spectral segments.
Regarding claim 7, Ingram discloses characterized in that the apparatus for delimiting light (2) on the detection path is designed as a perforated screen.
Regarding claim 8, Ingram discloses characterized in that the apparatus for spectrally splitting the light is designed as a prism or a grating (see in figure 2).
Regarding claim 9, Ingram discloses characterized in that the optical component is designed as a lens or a connection in succession of multiple lenses, preferably multiple cylinder lenses (see in figure 2)..
Regarding claim 10, Ingram discloses characterized in that the detection (24) line is manufactured from silicon photomultipliers (SiPM) (refer to figures 2-4).
Regarding claim 11, Ingram discloses a device for simultaneously recording and/or displaying one image or multiple images on the basis of simultaneously detected light of various spectral ranges (refer to figures 2-4).
Regarding claim 12, Ingram discloses characterized in that the device simultaneously records and/or displays true color images from three color channels, preferably from the color channels red, green, and blue (R, G, B) (refer to figures 2-4).
Regarding claim 13, Ingram discloses characterized in that the device simultaneously records and/or displays fluorescence and reflection images (refer to figures 2-4).
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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, Bumsuk Won can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 3/26/2026