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 .
Response to Arguments
Applicant's arguments filed 08/10/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Treado discloses ([0035]) applying a fusion algorithm to at least two of: a visible image, a SWIR hyperspectral image, a MWIR hyperspectral image, a LWIR hyperspectral image, and combinations thereof. Inherently, the visible image and the hyperspectral image(s) are taken at the same time.
Regarding claims 29 and 39, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Treado and Deliwala, to put the filters on a receive side of the forensic spectral imaging unit. Furthermore, Treado’s tunable filter is equivalent to multiple filters.
Claim Rejections - 35 USC § 102
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.
Claims 1, 7, 17, 38 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Treado et al. (US 20110089323 A1).
Regarding claim 1. (Currently Amended) Treado discloses A forensic spectral imaging unit for carrying out non-contact, non-destructive imaging of a forensic sample deposited on a sample surface (figure 2, [0046] FIG. 2 is a schematic representation of a system of the present disclosure. The system 200 may comprise an illumination light source 201 configured to illuminate a unknown sample 202 to thereby generate a plurality of interacted photons. In one embodiment, the illumination light source 201 may be selected from the group consisting of: a laser illumination source, a broadband light source, an ambient light source, and combinations thereof), the forensic spectral imaging unit comprising:
a light source having at least one wavelength that is capable of causing one or more of absorption, fluorescence, reflectance or scattering by at least one of the forensic sample or the sample surface (figure 2, [0046] FIG. 2 is a schematic representation of a system of the present disclosure. The system 200 may comprise an illumination light source 201 configured to illuminate a unknown sample 202 to thereby generate a plurality of interacted photons. In one embodiment, the illumination light source 201 may be selected from the group consisting of: a laser illumination source, a broadband light source, an ambient light source, and combinations thereof; [0002] Spectroscopic imaging combines digital imaging and molecular spectroscopy techniques, which can include Raman scattering, fluorescence, photoluminescence, ultraviolet, visible and infrared absorption spectroscopies);
a first optical image capture device having a first field of view, for capturing at a first time at least one forensic image of the at least one of the forensic sample or the sample surface, within a scene ([0037] SWIR hyperspectral imaging may be used to both survey a region of interest to locate a target area and also to interrogate the target area), wherein the first optical image capture device includes at least one pass filter having a wavelength band that corresponds to a wavelength of the one or more of absorption, fluorescence, reflectance or scattering by the at least one of the forensic sample or the sample surface, the at least one pass filter including a first pass filter being of hyperspectral sensitivity ([0039] the SWIR hyperspectral image may comprise a digital image and a spatially resolved SWIR spectra for each pixel in said image; [0041] a telescope optics may be implemented to enable magnification and thereby SWIR hyperspectral imaging sensitivity; figure 1, [0032] In step 130 the first plurality of interacted photons are passed through a tunable filter. The first plurality of interacted photons are assessed using a spectroscopic imaging device to thereby generate a SWIR hyperspectral image representative of the target area in step 140); and
a second optical image capture device having a second field of view wider than the first field of view, for capturing one or more visible light frames of the scene at one or more times including at the first time ([0036] the region of interest may be surveyed using a visible imaging device, this visible image device may output a dynamic image of a region of interest. This dynamic image may be output in real time); and
a control apparatus having a controller, the control apparatus configured to control operations of the light source and the first optical image capture device and the second optical image capture device, wherein the control apparatus is user-operable to control the first optical image capture device to capture forensic images while the second optical image capture device continuously captures visible light frames as footage (figure 3, [0054] The processing computer 317 may be operatively coupled to a user control interface system 318; [0037] SWIR hyperspectral imaging may be used to both survey a region of interest to locate a target area and also to interrogate the target area; [0036] the region of interest may be surveyed using a visible imaging device, this visible image device may output a dynamic image of a region of interest. This dynamic image may be output in real time; [0035] applying a fusion algorithm to at least two of: a visible image, a SWIR hyperspectral image, a MWIR hyperspectral image, a LWIR hyperspectral image, and combinations thereof (inherently, the visible image and the hyperspectral image(s) are taken at the same time)).
Regarding claim 7. (Currently Amended) Treado discloses The forensic spectral imaging unit of claim 1,the light source comprising a broadband white light source and one or more other emitters ([0046] the illumination light source 201 may be selected from the group consisting of: a laser illumination source, a broadband light source, an ambient light source, and combinations thereof), wherein the forensic spectral imaging unit is configured to vary an intensity of the broadband white light source, and wherein the broadband white light source is configured to emit controlled-intensity white light while the one or more other emitters of the light source simultaneously emit at least one of: ultraviolet light; infrared light; near-infrared light; or narrowband visible light ([0048] the multi-conjugate liquid crystal tunable filter may be used to filter light to the detector and is capable of tuning to an infinite number of spectral bands; [0006] Spectroscopic devices operate over a range of wavelengths due to the operation ranges of the detectors or tunable filters possible. This enables analysis in the Ultraviolet (UV), visible (VIS), near infrared (NW), short-wave infrared (SWIR), mid infrared (MIR) wavelengths and to some overlapping ranges).
Regarding claim 17. (Currently Amended) Treado discloses The forensic spectral imaging unit of claim 1, wherein the control apparatus is configured to combine the at least one forensic image with a secondary image captured by the second optical image capture device to form a combined image, in which the position of the forensic sample from the at least one forensic image corresponds to the position of the forensic sample from the secondary image, and wherein the control apparatus is configured to store the combined image in non-volatile memory ([0035] applying a fusion algorithm to at least two of: a visible image, a SWIR hyperspectral image, a MWIR hyperspectral image, a LWIR hyperspectral image, and combinations thereof).
Regarding claim 38. (Currently Amended) the same analysis has been stated in claim 1.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 19, 47 are rejected under 35 U.S.C. 103 as being unpatentable over Treado et al. (US 20110089323 A1) in view of Wolke et al. (US 20180063510 A1).
Regarding claim 19. (Currently Amended) Wolke discloses combining the at least one forensic image with the secondary image comprises overlaying the at least one forensic image onto the secondary image, and wherein combining the at least one forensic image with the secondary image comprises overlaying the at least one forensic image within the secondary image ([0027] the color camera 40 may be used to provide color (texture) information for incorporation into the 3D image; [0025] a three-dimensional (3D) measurement device that acquires 3D coordinate data of evidence that fluoresce or absorb light of a predetermined wavelength. Embodiments provide for a system for adding the capability of forensic 3D coordinate data acquisition to a 3D imager) in dependence on depth information received from a depth sensor of the forensic spectral imaging unit ([0031] devices that use other noncontact means for measuring 3D coordinates may also be used, such as a laser scanner device that uses time-of-flight to determine the distance to the surface).
Treado also discloses depth information received from a depth sensor of the forensic spectral imaging unit ([0054] The system 300 may further comprise a range finder 306).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Treado and Wolke, to overlay the at least one forensic image within the secondary image in dependence on depth information received from a depth sensor of the forensic spectral imaging unit, in order to display more information about the image.
Regarding claim 47. (New) the same analysis has been stated in claims 1, 17 and 19.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Treado et al. (US 20110089323 A1) in view of Luna et al. (US 20220277440 A1).
Regarding claim 20. (Currently Amended) Luna discloses a control apparatus is configured to store a barcode identity as metadata for at least one image ([0141] The image data files will be taken from stained tissue samples mounted on slides, the slides bearing printed barcode labels by which the image data files are tagged with suitable metadata).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Treado and Luna, to store a barcode identity as metadata for the at least one forensic image, in order to better retrieve the image.
Claims 27, 29, 36, 39, 42 are rejected under 35 U.S.C. 103 as being unpatentable over Treado et al. (US 20110089323 A1) in view of Deliwala (US 20230108409 A1).
Regarding claim 27. (Currently Amended) Treado discloses The forensic spectral imaging unit of claim 1, wherein the first optical image capture device includes a plurality of pass filters to configure the forensic spectral imaging unit, the plurality of pass filters including the first pass filter, each pass filter having a respective wavelength band that corresponds to a wavelength of the one or more of absorption, fluorescence, reflectance or scattering by the at least one of the forensic sample or the sample surface (figure 1, [0032] In step 130 the first plurality of interacted photons are passed through a tunable filter. The first plurality of interacted photons are assessed using a spectroscopic imaging device to thereby generate a SWIR hyperspectral image representative of the target area in step 140; [0043] A multi-conjugate filter may be computer controlled with no moving parts. It may be tuned to any wavelength in the given filter range; [0050] The tunable filter 204 sequentially filters the plurality of interacted photons into a plurality of wavelength bands. The plurality of interacted photons are detected using a spectroscopic imaging device 205).
Deliwala discloses
a pass filter having a full width at half maximum greater than 10 nanometres ([0337] For effective optical filtering by the optical filter 3418 to narrow the spectral bandwidth of the LED 3414 further, such as to a wavelength that is within a wavelength range of between 5 nanometers and 20 nanometers; [0350] Light from each such LED can be passed through an optical filter, such as to spectrally bandpass filter the light from each individual LED, such as by an optical filter having a Full Width at Half Maximum (FWHM) bandwidth of 15 nanometers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Treado and Deliwala, to include a second pass filter having a full width at half maximum greater than 10 nanometres, in order to effectively narrow the spectral bandwidth (Deliwala [0337]).
Regarding claim 29. (Currently Amended) Treado in view of Deliwala discloses The forensic spectral imaging unit of claim 27, wherein the plurality of pass filters includes a first plurality of pass filters having a full width at half maximum less than or equal to 10 nanometres, including the first pass filter, and a second plurality of pass filters having a full width at half maximum greater than 10 nanometres, including the second pass filter (Deliwala [0337] For effective optical filtering by the optical filter 3418 to narrow the spectral bandwidth of the LED 3414 further, such as to a wavelength that is within a wavelength range of between 5 nanometers and 20 nanometers; Treado figure 1, [0032] In step 130 the first plurality of interacted photons are passed through a tunable filter. The first plurality of interacted photons are assessed using a spectroscopic imaging device to thereby generate a SWIR hyperspectral image representative of the target area in step 140; Treado [0043] A multi-conjugate filter may be computer controlled with no moving parts. It may be tuned to any wavelength in the given filter range; Treado [0050] The tunable filter 204 sequentially filters the plurality of interacted photons into a plurality of wavelength bands. The plurality of interacted photons are detected using a spectroscopic imaging device 205; Treado [0048] the multi-conjugate liquid crystal tunable filter may be used to filter light to the detector and is capable of tuning to an infinite number of spectral bands; Treado [0006] Spectroscopic devices operate over a range of wavelengths due to the operation ranges of the detectors or tunable filters possible. This enables analysis in the Ultraviolet (UV), visible (VIS), near infrared (NW), short-wave infrared (SWIR), mid infrared (MIR) wavelengths and to some overlapping ranges (Treado’s tunable filter is equivalent to multiple filters)).
The same motivation has been stated in claim 27. Furthermore, Treado’s tunable filter is equivalent to multiple filters.
Regarding claim 36. (Currently Amended) Deliwala discloses a forensic spectral imaging unit is handheld ([0163] Any black and white or grayscale camera—e.g., in a personal computer (PC), mobile device, or a stand-alone device can be “converted” to hyperspectral camera by adding W-CLS illumination, a frame-sync signal, and reconstruction software. An example of this is shown in FIG. 9, which shows a mobile device 241, such as a smartphone, that can be used for hyperspectral imaging).
Regarding claim 39. (Currently Amended) the same analysis has been stated in claims 1 and 29.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Treado and Deliwala, to put the filters on a receive side of the forensic spectral imaging unit. Furthermore, Treado’s tunable filter is equivalent to multiple filters.
Regarding claim 42. (New) Deliwala discloses the second pass filter has a full width at half maximum greater than 25 nanometres (figure 41A, [0391] the filtering of one or more LED illumination light wavelengths, the illumination spectral bandwidth is narrowed (e.g., such as from 30 nanometers in FIG. 41A)).
The same motivation has been stated in claim 27.
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Treado et al. (US 20110089323 A1) in view of Deliwala (US 20230108409 A1) as applied above in claim 39, and further in view of GEMP et al. (US 20170205344 A1).
Regarding claim 45. (New) GEMP discloses one or more filter types may be configured to transmit radiation with a FWHM bandwidth of greater than 1 nm, greater than 10 nm, greater than 20 nm, greater than 50 nm, greater than 70 nm, greater than 100 nm, greater than 200 nm, greater than 400 nm, greater than 500 nm, or greater than 1000 nm ([0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Treado and Deliwala according to the invention of GEMP, to have the second pass filter having a full width at half maximum greater than 80 nanometres.
Election/Restrictions
Newly submitted claims 46, 48-53 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claims 46, 49-53: determine a scale indicator to indicate a size of the forensic sample in dependence on information obtained from a depth sensor of the forensic spectral imaging unit;
the scale indicator indicates trace evidence size;
the scale indicator is in the form of ruler markings to indicate a size of the forensic sample.
Claim 48: provide the at least one forensic image to a matching system;
receive a match indicator indicating whether the forensic sample in the at least one forensic image corresponds to a forensic sample in a database, according to the matching system; and
output match feedback based on the match indicator, for rendering by an output device associated with the forensic spectral imaging unit.
The above claims are directed to patentably distinct species. The species are independent or distinct. In addition, these species are not obvious variants of each other based on the current record.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 46, 48-53 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOLAN XU whose telephone number is (571)270-7580. The examiner can normally be reached Mon. to Fri. 9am-5pm.
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/XIAOLAN XU/Primary Examiner, Art Unit 2488
