Prosecution Insights
Last updated: July 17, 2026
Application No. 18/730,471

IMAGING APPARATUS AND METHOD FOR IN VIVO FULL-FIELD INTERFERENCE IMAGING OF A SAMPLE

Non-Final OA §103
Filed
Jul 19, 2024
Priority
Jan 21, 2022 — EU 22305066.7 +1 more
Examiner
TALLMAN, ROBERT E
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sharpeye
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
633 granted / 773 resolved
+13.9% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
13 currently pending
Career history
787
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
68.9%
+28.9% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 773 resolved cases

Office Action

§103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/19/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claims 16-18, 19-25, and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Mazlin et. al. (US 2021/0345872 A1) in view of Pascal et. al. (US 10,595,722 B1). Regarding claim 16 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus for in vivo full-field interference imaging of a scattering sample, the imaging apparatus comprising: a full-field OCT imaging system for providing at least one interference image representative of an en-face image of the sample (para. 0068), the full-field OCT imaging system including: a primary light source (141), having low spatial coherence and a low temporal coherence length, configured to output a probe beam (para. 0072), a primary interferometer comprising: a sample arm (147) for receiving the sample (para. 0070), a reference arm (146) comprising a reference reflection surface (para. 0070), a primary beam splitter (135) for separating the sample arm and the reference arm (para. 0070), and a camera (138) configured to acquire the at least one interference image, each being representative of a primary optical interference signal resulting, when the sample is arranged in the sample arm, from interferences produced, at each point of an imaging field (paras. 0074-0075), between a reference wave obtained by reflection of incident light waves of the probe beam on an elementary surface of the reference reflection surface conjugate to said point of the imaging field, and a sample wave obtained by scattering of incident light waves of the probe beam by an elementary volume of a slice of the sample at a given depth (para. 0072, said elementary volume being conjugate to said point of the imaging field (para. 0070); a sample beam splitter arranged in the sample arm (139; para. 0073), and a sample locating system arranged outside the sample arm, the sample locating system having a respective sensing axis intersecting the sample beam splitter, the sample locating system being configured to output a location signal representative of a location of the sample along the sensing axis (para. 0068). Mazlin does not teach the sample beam splitter is downstream the primary beam splitter in a direction from the primary light source to the primary beam splitter. Pascal teaches a sample location detection system with a sample beam splitter downstream from the primary beamsplitter (30,42; see fig, 2 and col. 9, lines 22-39). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the OCT system as taught by Mazlin with the sample location system being down stream of the primary beamsplitter as taught by Pascal for the benefit of a more modular system by separating the location system from the primary system with fewer optical components between the sample and the sample location detection system to increase the systems signal Furthermore it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). Regarding claim 17 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the sample locating system is an optical sample locating, the sensing axis of the sample locating system being an optical axis (see fig. 2). Regarding claim 18 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the sample beam splitter is a dichroic mirror (para. 0085). Regarding claim 18 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the optical sample locating system includes an OCT imaging system configured to determine, for each interference image acquired by the full-field OCT imaging system, at least one cross-sectional image of the sample at a time of acquisition of the interference image (para.0068). Regarding claim 22 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the OCT imaging system includes: a secondary light source configured to output a location beam (112; para. 0084); a secondary interferometer comprising: a secondary sample arm for receiving the sample, an optical axis of the secondary sample arm being the optical axis of the optical sample locating system (para. 0085); a secondary reference arm comprising a secondary reflector (para. 0085); a secondary beam splitter for separating the secondary sample arm and the secondary reference arm (114; para. 0085); and a detector configured to output the location signal, the location signal being representative of a secondary optical interference signal resulting, when the sample is arranged in the secondary sample arm, from interferences produced between (113; para. 0085) a secondary reference wave obtained by reflection of incident light waves of the location beam on the secondary reflector and a secondary sample wave obtained by scattering of a first part of the location beam by elementary volumes of the sample located along a direction of propagation of the first part of the location beam (para. 0085). Regarding claim 23 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the full-field OCT imaging system includes a first lens system arranged in the sample arm, downstream the primary beam splitter in a direction from the primary light source to the primary beam splitter, the OCT imaging system further including: a beam scanner comprising a light deflection element for deflecting the location beam, the beam scanner being arranged in the secondary sample arm, between the sample beam splitter and the secondary beam splitter; and a conjugation device including two lenses arranged in a 4F configuration, a back focal plane of the first lens system coinciding with a first focal plane of the conjugation device, and the light deflection element being arranged in a second focal plane of the conjugation device. Regarding claim 24 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, further comprising at least one adaptive lens and/or deformable lens and/or tunable lens arranged in the sample arm of the primary interferometer (para. 0095). Regarding claim 25 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, further comprising a processing unit configured to determine at least one en-face image of the sample based on each acquired interference image and the corresponding location signal (160; para. 0068). Regarding claim 27 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where a method for in vivo full-field interference imaging of a scattering sample, the method comprising: arranging a sample in the sample arm of the full-field OCT imaging system of claim 16; acquiring at least one location signal representative of the position of the sample along the sensing axis over time; based on each location signal, determining a position of the sample over time; and adjusting a position of the imaged slice of the sample based on the determined position of the sample (para. 0033). Regarding claim 28 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the sample is an in vivo eye of a subject (para. 0095). Regarding claim 29 Mazlin teaches (figs. 1A-1B, and 2A-5B) an imaging apparatus, where the sample arm of the full-field OCT imaging system includes a first lens system configured to focus the probe beam on the cornea or on the retina of the eye (para. 0095). Allowable Subject Matter Claims 19-20 and 26-30 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 claims 19-20 include a further beamsplitter in the reference arm. Regarding claims 26 and 30 include the limitations directed to the neuro network based denoising steps. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further OCT systems include Horn et. al. (US 8,960,903 B2), Izatt et. al. (US 8,366,271 B2), Hirose et. al. (US 8,797,544 B2), and Wang (US 11,241,153 B2). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E TALLMAN whose telephone number is (571)270-3958. The examiner can normally be reached Monday-Friday 10 a.m. -6 p.m.. 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, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Robert E. Tallman/ Primary Examiner, Art Unit 2872
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Prosecution Timeline

Jul 19, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
96%
With Interview (+14.5%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 773 resolved cases by this examiner. Grant probability derived from career allowance rate.

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