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 13 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits. For examination purposes, Examiner interprets Claim 13 as dependent on Claim 1.
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.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: structure related to an endoscopic device.
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) 1-7 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farkas (WO 2014121152 A1).
Regarding Claim 1: Farkas discloses an apparatus for acquiring a wavelength and polarization state of light for imaging a structure at least partially obscured, in a visible wavelength range, by a liquid, the apparatus comprising:
a light source (Fig. 15, Illumination beam) configured to generate light of a certain wavelength and polarization state, wherein the certain wavelength of light is a wavelength of light within a range of wavelengths outside a visible wavelength range;
a beam splitting element (as shown in fig. 15 and page 31, last paragraph) to split light from a target, when the target is illuminated by the light source, along a first path and a second path;
a polarization detection unit arranged on the first path of the beam splitting element and configured to measure a degree of polarization of light (page 32, lines 2-15);
an image capture device arranged on the second path of the beam splitting element and configured to measure intensity of light at wavelengths within the range of wavelengths outside the visible wavelength range (page 32, lines 2-15); and
circuitry configured to:
control the light source to generate, in a sequence, light of at least one predetermined wavelength and polarization state to illuminate a liquid (Fig. 15, 1507); and,
for light of each of the at least one predetermined wavelength and polarization state,
determine a level of scattering of the light by the liquid based on the degree of polarization of light measured by the polarization detection unit (page 15, last paragraph);
determine a level of reflectance and absorption of the light by the liquid based on the intensity of light measured by the image capture device (page 15, last paragraph); and
wherein the circuitry is further configured to acquire a wavelength and polarization state of light for imaging a structure at least partially obscured, in the visible wavelength range, by the liquid in accordance with the level of scattering, reflectance and absorption of light which has been determined for each of the at least one predetermined wavelength and polarization state (Page 29: “Among the properties that may be taken into account are tissue composition and optical properties including the known absorption, scattering and fluorescence properties of tissue.”; page 37: “The darker color images during occlusion are caused by higher hemoglobin absorption due to more blood pooling in superficial blood vessels. Image contrast in cross polarization mode is enhanced due to the rejection of specular and superficial reflectance and preferentially selecting deeper penetrating light.”).
Farkas does not explicitly teach imaging a structure obscured by a liquid, however Farkas teaches a structure (hemoglobin) obscured by tissue. As tissue is 70% water, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the apparatus of Farkas on a structure obscured by liquid.
Regarding Claim 2: Farkas discloses the apparatus according to claim 1, wherein the image capture device is configured to measure intensity of light at wavelengths in the range of 400 nm to 1700 nm (pages 18-19: “living tissue is illuminated with a spectrum light preferably in the visible and near-infrared spectrum, typically having material wavelengths ranging from about 400 nanometers to about 1000 nanometers”).
Regarding Claim 3: Farkas discloses the apparatus according to claim 1, wherein the light source comprises a plurality of light emitting diodes and/or colour filters for generating the sequence of light of at least one predetermined wavelength and polarization state (page 26: “The illumination light source 1210 may be at least one of a broadband lamp, such as tungsten or an arc lamp, a single wavelength laser, a multi-wavelength laser, a super continuum laser, a light emitting diode”).
Regarding Claim 4: Farkas discloses the apparatus according to claim 1, wherein the circuitry is configured to acquire the wavelength and polarization state of light by determining the wavelength and polarization state of light from amongst the predetermined wavelength and polarization state which provides the minimum scattering, reflectance and absorption of light by the liquid (Page 29: “Among the properties that may be taken into account are tissue composition and optical properties including the known absorption, scattering and fluorescence properties of tissue.”; page 37: “The darker color images during occlusion are caused by higher hemoglobin absorption due to more blood pooling in superficial blood vessels. Image contrast in cross polarization mode is enhanced due to the rejection of specular and superficial reflectance and preferentially selecting deeper penetrating light.”).
Regarding Claim 5: Farkas discloses the apparatus according to claim 1, but Farkas does not teach wherein the light source is arranged on an opposite side of the liquid to the image capture device and the polarization detection unit, and wherein light from the liquid is light transmitted by the liquid from the light source.
However, Farkas does teach wherein the light source is arranged on a same side of the liquid to the image capture device and polarization detection unit; wherein the apparatus further comprises a reflection unit submersible in the liquid; and wherein light from the liquid is light reflected from the reflection unit through the liquid from the light source (Fig. 15). Further, as shown in the disclosure of the claimed invention, Figures 6A and 6B are obvious variants. Therefore, it would have been obvious to someone of ordinary skill in the art to have modified Farkas and placed the cameras on the opposite side of the structure. One would be motivated to do so to avoid surface scattering.
Regarding Claim 6: Farkas discloses the apparatus according to claim 1, wherein the light source is arranged on a same side of the liquid to the image capture device and polarization detection unit; wherein the apparatus further comprises a reflection unit submersible in the liquid; and wherein light from the liquid is light reflected from the reflection unit through the liquid from the light source (Fig. 15).
Regarding Claim 7: Farkas discloses an apparatus for imaging a structure at least partially obscured, in a visible wavelength range, by a liquid, the apparatus comprising:
a light source configured to illuminate the structure with light of a predetermined wavelength and polarization state, the predetermined wavelength and polarization state being acquired by an apparatus according to claim 1 (Fig. 15); and
a second image capture device configured to generate a second image of the structure, as illuminated by the light source, at the predetermined wavelength (Fig. 15).
Regarding Claim 13, as best understood: Farkas discloses the apparatus according to claim 1 (see rejection of claim 1 above).
Regarding Claim 14: Farkas discloses a method of acquiring a wavelength and polarization state of light for imaging a structure at least partially obscured, in a visible wavelength range, by a liquid, the method comprising:
generating, using a light source (Fig. 15, illumination beam), light of a certain wavelength and polarization state, wherein the certain wavelength of light is a wavelength of light within a range of wavelengths outside a visible wavelength range;
splitting, using a beam splitting element (as shown in fig. 15 and page 31, last paragraph), light from a target, when the target is illuminated by the light source, along a first path and a second path;
measuring a degree of polarization of light using a polarization detection unit arranged on the first path of the beam splitting element (page 32, lines 2-15);
measuring intensity of light at wavelengths within the range of wavelengths outside the visible wavelength range using an image capture device arranged on the second path of the beam splitting element (page 32, lines 2-15);
controlling the light source to generate, in a sequence, light of at least one predetermined wavelength and polarization state to illuminate a liquid (Fig. 15, 1507);
and, for light of each of the at least one predetermined wavelength and polarization state,
determining a level of scattering of the light by the liquid based on the degree of polarization of light measured by the polarization detection unit (page 15, last paragraph);
determining a level of reflectance and absorption of the light by the liquid based on the intensity of light measured by the image capture device (page 15, last paragraph);
acquiring a wavelength and polarization state of light for imaging a structure at least partially obscured, in the visible wavelength range, by the liquid in accordance with the level of scattering, reflectance and absorption of light which has been determined for each of the at least one predetermined wavelength and polarization state (Page 29: “Among the properties that may be taken into account are tissue composition and optical properties including the known absorption, scattering and fluorescence properties of tissue.”; page 37: “The darker color images during occlusion are caused by higher hemoglobin absorption due to more blood pooling in superficial blood vessels. Image contrast in cross polarization mode is enhanced due to the rejection of specular and superficial reflectance and preferentially selecting deeper penetrating light.”).
Farkas does not explicitly teach imaging a structure obscured by a liquid, however Farkas teaches a structure (hemoglobin) obscured by tissue. As tissue is 70% water, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the apparatus of Farkas on a structure obscured by liquid.
Regarding Claim 15: Farkas discloses a method of imaging a structure at least partially obscured, in a visible wavelength range, by a liquid, the method comprising:
illuminating, using a light source, the structure with light of a predetermined wavelength and polarization state, the predetermined wavelength and polarization state being acquired by a method according to claim 14 (Fig. 15); and
generating, using a second image capture device, a second image of the structure, as illuminated by the light source, at the predetermined wavelength (Fig. 15).
Allowable Subject Matter
Claims 8-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 8: Farkas discloses the apparatus according to claim 7, wherein the light source is further configured to generate light of the visible wavelength region; but Farkas does not teach wherein the apparatus further comprises:
a third image capture device configured to generate a third image of the structure, as illuminated by the light source, at the visible wavelength range; and
circuitry configured to combine the second image from the second image capture device and the third image from the third image capture device to create an output image of the structure.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements outside of Applicant’s disclosure, the claim is deemed patentable over the prior art of record. Claims 9-12 are allowable by virtue of their dependency on claim 1.
Conclusion
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/MIYA DOWNING/Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
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