DETAILED ACTION
This office action is in response to the communication received on 11/19/2025 concerning application no. 18/781,814 filed on 07/23/2024.
Claims 1, 3-15, and 17-24 are pending.
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, see 8-14, filed 11/19/2025, with respect to the rejection 35 U.S.C. 101 have been fully considered and are persuasive. The 101 rejections of 1, 3-15, and 17-23 has been withdrawn.
Applicant’s arguments with respect to claims 1 and 24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
Claims 1, 3-4, 9, 14, and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192).
Regarding claim 1, Walle-Jensen teaches method for identifying at least one lymph node of a subject, comprising:
obtaining a fluorescence image of a field of view including the at least one lymph node of the subject (Paragraph 0129 teaches the use of a fluorescence medical imaging system and a fluorescence imaging agent. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes);
obtaining a template image (Paragraph 0107 teaches reference image retrieval);
comparing the template image with the fluorescence image to obtain one or more similarity values (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment); and
identifying at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node based on the one or more similarity values (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment. Paragraph 0112 teaches that the alignment is done for identification. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes).
However, Walle-Jensen is silent regarding a method, displaying a visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node, wherein a color scheme applied to the at least one portion of the fluorescence image in the visualization indicates a depth of the at least one lymph node within tissue; and
dynamically updating the color scheme applied to the at least one portion of the fluorescence image in the displayed visualization during a surgical procedure to reflect changes in the depth of the at least one lymph node within the tissue.
In an analogous imaging field of endeavor, regarding lymph node detection, Benaron teaches a method, displaying a visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node, wherein a color scheme applied to the at least one portion of the fluorescence image in the visualization indicates a depth of the at least one lymph node within tissue (Paragraph 0079 teaches that the image can be overlaid with color tissue images that indicate the depth and location of the target tissue. The color in the image may be qualitative or indicate the mean depth of the target signal. Paragraph 0149 teaches that the target tissue for surgical removal may be lymph nodes); and
dynamically updating the color scheme applied to the at least one portion of the fluorescence image in the displayed visualization during a surgical procedure to reflect changes in the depth of the at least one lymph node within the tissue (Paragraph 0001 teaches that the imaging can be performed in real time. Paragraph 0002 teaches that there is real time detection, diagnosis, and imaging of the diseases. Paragraph 0158 teaches that the change in depth can be visualized).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Walle-Jensen with Benaron’s teaching of color coding the target tissue in real time. This modified method would allow the user to accurately know the margins of disease in a diseased organ and allow for the disease to be completely removed while sparing the maximum amount of normal tissue (Paragraph 0145 of Benaron). Furthermore, the modification addresses the need to detect trace tissue in vivo in real time (Paragraph 0012 of Benaron).
Regarding claim 3, modified Walle-Jensen teaches the method in claim 2, as discussed above.
Walle-Jensen further teaches a method, wherein displaying the visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node comprises:
displaying the fluorescence image and at least one bounding box indicative of the identified at least one portion of the fluorescence image (Abstract teaches imaging display in the form of real-time video. Paragraph 0129 teaches the use of a fluorescence medical imaging system and a fluorescence imaging agent. Paragraph 0112 teaches that a bounding rectangle can be placed around a region in a real time video for the matching. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes).
Regarding claim 4, modified Walle-Jensen teaches the method in claim 1, as discussed above.
Walle-Jensen further teaches a method, wherein the visualization is displayed as part of an intraoperative video stream during a surgical procedure (Abstract teaches imaging display in the form of real-time video. Paragraph 0105 teaches operability during surgery).
Regarding claim 9, modified Walle-Jensen teaches the method in claim 1, as discussed above.
Walle-Jensen further teaches a method, wherein the template image is generated based on a plurality of candidate template images (Paragraph 0106 teaches that the reference image can be a composite of multiple reference images).
Regarding claim 14, modified Walle-Jensen teaches the method in claim 1, as discussed above.
Walle-Jensen further teaches a method, wherein identifying the at least one portion of the fluorescence image corresponding to the at least one lymph node comprises:
comparing each similarity value of the one or more similarity values with a predefined threshold (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment. Thresholding is performed).
Regarding claim 20, modified Walle-Jensen teaches the method in claim 1, as discussed above.
Walle-Jensen further teaches a method, wherein the template image is generated based on a plurality of time-intensity curves (Paragraph 0101 teaches that the reference image is historic image that is acquires in the same manner as the real time acquisition. Paragraphs 0132-33 teaches that the images are acquired in time series of the fluorescence signal intensity data).
Regarding claim 21, modified Walle-Jensen teaches the method in claim 20, as discussed above.
Walle-Jensen further teaches a method, wherein the fluorescence image is generated based on a time series of signal intensity data (Paragraphs 0132-33 teaches that the images are acquired in time series of the fluorescence signal intensity data).
Regarding claim 22, Walle-Jensen teaches a system for identifying at least one lymph node of a subject, comprising:
one or more processors (Paragraph 0007 teaches a processor, non-transitory computer-readable storage medium, computer instructions, and display for the operation of the system according to the disclosure);
one or more memories (Paragraph 0007 teaches a processor, non-transitory computer-readable storage medium, computer instructions, and display for the operation of the system according to the disclosure); and
one or more programs, wherein the one or more programs are stored in the one or more memories and configured to be executed by the one or more processors (Paragraph 0007 teaches a processor, non-transitory computer-readable storage medium, computer instructions, and display for the operation of the system according to the disclosure), the one or more programs including instructions for:
obtaining a fluorescence image of a field of view including the at least one lymph node of the subject (Paragraph 0129 teaches the use of a fluorescence medical imaging system and a fluorescence imaging agent. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes);
obtaining a template image (Paragraph 0107 teaches reference image retrieval);
comparing the template image with the fluorescence image to obtain one or more similarity values (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment); and
identifying at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node based on the one or more similarity values (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment. Paragraph 0112 teaches that the alignment is done for identification. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes).
However, Walle-Jensen is silent regarding a system, displaying a visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node, wherein a color scheme applied to the at least one portion of the fluorescence image in the visualization indicates a depth of the at least one lymph node within tissue; and
dynamically updating the color scheme applied to the at least one portion of the fluorescence image in the displayed visualization during a surgical procedure to reflect changes in the depth of the at least one lymph node within the tissue.
In an analogous imaging field of endeavor, regarding lymph node detection, Benaron teaches a system, displaying a visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node, wherein a color scheme applied to the at least one portion of the fluorescence image in the visualization indicates a depth of the at least one lymph node within tissue (Paragraph 0079 teaches that the image can be overlaid with color tissue images that indicate the depth and location of the target tissue. The color in the image may be qualitative or indicate the mean depth of the target signal. Paragraph 0149 teaches that the target tissue for surgical removal may be lymph nodes); and
dynamically updating the color scheme applied to the at least one portion of the fluorescence image in the displayed visualization during a surgical procedure to reflect changes in the depth of the at least one lymph node within the tissue (Paragraph 0001 teaches that the imaging can be performed in real time. Paragraph 0002 teaches that there is real time detection, diagnosis, and imaging of the diseases. Paragraph 0158 teaches that the change in depth can be visualized).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Walle-Jensen with Benaron’s teaching of color coding the target tissue in real time. This modified apparatus would allow the user to accurately know the margins of disease in a diseased organ and allow for the disease to be completely removed while sparing the maximum amount of normal tissue (Paragraph 0145 of Benaron). Furthermore, the modification addresses the need to detect trace tissue in vivo in real time (Paragraph 0012 of Benaron).
Regarding claim 23, Walle-Jensen teaches a non-transitory computer-readable storage medium storing one or more programs for identifying at least one lymph node of a subject, the one or more programs comprising instructions, which when executed by one or more processors of an electronic device (Paragraph 0007 teaches a processor, non-transitory computer-readable storage medium, computer instructions, and display for the operation of the system according to the disclosure), cause the electronic device to perform:
obtaining a fluorescence image of a field of view including the at least one lymph node of the subject (Paragraph 0129 teaches the use of a fluorescence medical imaging system and a fluorescence imaging agent. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes); obtaining a template image (Paragraph 0107 teaches reference image retrieval);
comparing the template image with the fluorescence image to obtain one or more similarity values (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment); and
identifying at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node based on the one or more similarity values (Paragraph 0109 teaches the comparison of the live data with the reference image. A similarity score can be calculated based on the comparison to assess alignment. Paragraph 0112 teaches that the alignment is done for identification. Paragraph 0151 teaches that the imaging and the contrast agent can be used in lymphatic imaging that includes the identification of one or more lymph nodes).
However, Walle-Jensen is silent regarding a non-transitory computer-readable storage medium, displaying a visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node, wherein a color scheme applied to the at least one portion of the fluorescence image in the visualization indicates a depth of the at least one lymph node within tissue; and
dynamically updating the color scheme applied to the at least one portion of the fluorescence image in the displayed visualization during a surgical procedure to reflect changes in the depth of the at least one lymph node within the tissue.
In an analogous imaging field of endeavor, regarding lymph node detection, Benaron teaches a non-transitory computer-readable storage medium, displaying a visualization comprising the at least one portion of the fluorescence image that corresponds to the location of the at least one lymph node, wherein a color scheme applied to the at least one portion of the fluorescence image in the visualization indicates a depth of the at least one lymph node within tissue (Paragraph 0079 teaches that the image can be overlaid with color tissue images that indicate the depth and location of the target tissue. The color in the image may be qualitative or indicate the mean depth of the target signal. Paragraph 0149 teaches that the target tissue for surgical removal may be lymph nodes); and
dynamically updating the color scheme applied to the at least one portion of the fluorescence image in the displayed visualization during a surgical procedure to reflect changes in the depth of the at least one lymph node within the tissue (Paragraph 0001 teaches that the imaging can be performed in real time. Paragraph 0002 teaches that there is real time detection, diagnosis, and imaging of the diseases. Paragraph 0158 teaches that the change in depth can be visualized).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Walle-Jensen with Benaron’s teaching of color coding the target tissue in real time. This modified apparatus would allow the user to accurately know the margins of disease in a diseased organ and allow for the disease to be completely removed while sparing the maximum amount of normal tissue (Paragraph 0145 of Benaron). Furthermore, the modification addresses the need to detect trace tissue in vivo in real time (Paragraph 0012 of Benaron).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192) further in view of Frangioni et al. (PGPUB No. US 2005/0020923).
Regarding claim 5, modified Walle-Jensen teaches the method in claim 4, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the surgical procedure comprises a sentinel lymph node mapping procedure.
In an analogous imaging field of endeavor, regarding fluorescence imaging of lymph nodes, Frangioni teaches a method, wherein the surgical procedure comprises a sentinel lymph node mapping procedure (Paragraphs 0020-22 teach intraoperative SLN mapping procedures. See Figs. 8-10).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Frangioni’s teaching of SLN mapping procedures. This modified method would allow the user to assess melanoma and remove the need for X-ray (Paragraphs 0006-07 of Frangioni). Furthermore, the modification provides accurate stating of cancer and can guide regional and systematic treatment (Paragraph 0026 of Frangioni).
Claims 6, 10, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192) further in view of Gurevich et al. (PGPUB No. US 2018/0028079).
Regarding claim 6, modified Walle-Jensen teaches the method in claim 1, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the fluorescence image is a first fluorescence image, wherein the field of view is a first field of view, and wherein the subject is a first subject, the method further comprising:
obtaining a second fluorescence image of a second field of view including a lymph node of a second subject different from the first subject; and
cropping a portion of the second fluorescence image as the template image.
In an analogous imaging field of endeavor, regarding fluorescence imaging of lymph nodes, Gurevich teaches a method, wherein the fluorescence image is a first fluorescence image, wherein the field of view is a first field of view, and wherein the subject is a first subject, the method further comprising:
obtaining a second fluorescence image of a second field of view including a lymph node of a second subject different from the first subject (Paragraph 0143 teaches that the cluster data bay use data from subjects in different demographics. Abstract teaches that the data is categorized into different clusters and can be captured via fluorescence imaging. Paragraph 0144 teaches comparison to clusters. Paragraph 0126 teaches cropping image data. Paragraph 0060 teaches identification of lymph nodes); and
cropping a portion of the second fluorescence image as the template image (Paragraph 0143 teaches that the cluster data bay use data from subjects in different demographics. Abstract teaches that the data is categorized into different clusters and can be captured via fluorescence imaging. Paragraph 0144 teaches comparison to clusters. Paragraph 0126 teaches cropping image data).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Gurevich’s teaching of cropping and using a second image as a template image from a different subject. This modified method would allow the user to perform an image quality improvement process (Paragraph 0125 of Gurevich). Furthermore, the modification provides accurate assessment of blood flow and/or tissue perfusion increases the chances of successful healing of both acute and chronic wounds (Paragraph 0004 of Gurevich).
Regarding claim 10, modified Walle-Jensen teaches the method in claim 9, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the plurality of candidate template images corresponds to a plurality of subjects.
In an analogous imaging field of endeavor, regarding fluorescence imaging of lymph nodes, Gurevich teaches a method, wherein the plurality of candidate template images corresponds to a plurality of subjects (Paragraph 0143 teaches that the cluster data bay use data from subjects in different demographics. Abstract teaches that the data is categorized into different clusters and can be captured via fluorescence imaging. Paragraph 0144 teaches comparison to clusters. Paragraph 0126 teaches cropping image data. Paragraph 0060 teaches identification of lymph nodes).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Gurevich’s teaching of a template image from a different subject. This modified method would allow the user to perform an image quality improvement process (Paragraph 0125 of Gurevich). Furthermore, the modification provides accurate assessment of blood flow and/or tissue perfusion increases the chances of successful healing of both acute and chronic wounds (Paragraph 0004 of Gurevich).
Regarding claim 18, modified Walle-Jensen teaches the method in claim 1, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the template image is associated with a metastatic node, the method further comprising:
determining whether the at least one lymph node is metastatic based on the one or more similarity values.
In an analogous imaging field of endeavor, regarding fluorescence imaging of lymph nodes, Gurevich teaches a method, wherein the template image is associated with a metastatic node, the method further comprising:
determining whether the at least one lymph node is metastatic based on the one or more similarity values (Paragraph 0101 teaches that metastasis can be assessed based on the identification of tumor draining lymph nodes. This identification is an important step for staging cancers that spread through the lymphatic system).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Gurevich’s teaching of determining metastasis of a lymph node based on identification of lymph nodes. Given that Wall-Jensen teaches the identification of lymph nodes according to template matching, Gurevich teaches that once the lymph node is determined, metastasis can be assessed. This modified method would allow the user to perform an image quality improvement process (Paragraph 0125 of Gurevich). Furthermore, the modification provides accurate assessment of blood flow and/or tissue perfusion increases the chances of successful healing of both acute and chronic wounds (Paragraph 0004 of Gurevich).
Regarding claim 19, modified Walle-Jensen teaches the method in claim 18, as discussed above.
While Benaron teaches the treatment of lymph nodes with metastatic cancer (Paragraph 0149 of Benaron), the combination of Walle-Jensen and Benaron is silent regarding a method, further comprising: displaying a visual indication of the metastatic determination for each lymph node of the at least one lymph node.
In an analogous imaging field of endeavor, regarding fluorescence imaging of lymph nodes, Gurevich teaches a method, further comprising: displaying a visual indication of the metastatic determination for each lymph node of the at least one lymph node (Paragraph 0101 teaches that metastasis can be assessed based on the identification of tumor draining lymph nodes. This identification is an important step for staging cancers that spread through the lymphatic system. Paragraphs 0109-11 teaches that the ICG provides the mapping of the solid tumors).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Gurevich’s teaching of Gurevich’s teaching of determining metastasis of a lymph node based on identification of lymph nodes. Given that Wall-Jensen teaches the identification of lymph nodes according to template matching, Gurevich teaches that once the lymph node is determined, metastasis can be assessed. This modified method would allow the user to perform an image quality improvement process (Paragraph 0125 of Gurevich). Furthermore, the modification provides accurate assessment of blood flow and/or tissue perfusion increases the chances of successful healing of both acute and chronic wounds (Paragraph 0004 of Gurevich).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192) further in view of Gurevich et al. (PGPUB No. US 2018/0028079) further in view of Nakano (PGPUB No. US 2016/0063721).
Regarding claim 7, modified Walle-Jensen teaches the method in claim 6, as discussed above.
However, the combination of Walle-Jensen, Benaron, and Gurevich is silent regarding a method, wherein the cropped portion of the second fluorescence image depicts a center portion of the lymph node of the second subject.
In an analogous imaging field of endeavor, regarding lymph nodes assessment, Nakano teaches a method, wherein the cropped portion of the second fluorescence image depicts a center portion of the lymph node of the second subject (Paragraphs 005657 teaches that the ROI is centered according to the lymph node center. The ROI is then cropped from the image).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen, Benaron, and Gurevich with Nakano’s teaching of cropping according to a lymph node center. This modified method would allow the user to improve segmentation accuracy (Paragraph 0099 of Nakano). Furthermore, the modification allows core segmentation for non-spherical objects like lymph nodes that may otherwise have inaccurate segmentation processes (Paragraph 0012 of Nakano).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192) further in view of Fulghum et al. (PGPUB No. US 2002/0161282).
Regarding claim 8, modified Walle-Jensen teaches the method in claim 1, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the template image is generated based on a predefined intensity distribution pattern.
In an analogous imaging field of endeavor, regarding fluorescence imaging, Fulghum teaches a method, wherein the template image is generated based on a predefined intensity distribution pattern (Paragraphs 0052-53 teaches that the reference image can be according to an illumination that has maintained uniform angular intensity distribution. Normalized angular intensity distribution is ensured).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Fulghum’s teaching of images generated according to predefined intensity distribution. This modified method would allow the user to avoid hemoglobin absorption bands that may introduce error (Paragraph 0052 of Fulghum). Furthermore, the modification ensures that the analysis is not attempted where it is too easily influenced by noise or edge effects (Paragraph 0053 of Fulghum).
Claims 11-13, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192) further in view of Ozcan et al. (PGPUB No. US 2019/0333199).
Regarding claim 11, modified Walle-Jensen teaches the method in claim 1, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein comparing the template image with the fluorescence image comprises:
comparing the template image with a plurality of patches of the fluorescence image; and
generating a matrix of similarity values, each similarity value in the matrix indicative of a difference between the template image and a respective patch of the plurality of patches of the fluorescence image.
In an analogous imaging field of endeavor, regarding fluorescence imaging, Ozcan teaches a method, wherein comparing the template image with the fluorescence image comprises:
comparing the template image with a plurality of patches of the fluorescence image (Paragraphs 0073-75 teach that patches of the images that are acquired are compared to the gold standard images according to a pixel-by-pixel basis); and
generating a matrix of similarity values, each similarity value in the matrix indicative of a difference between the template image and a respective patch of the plurality of patches of the fluorescence image (Paragraph 0061 teaches registration starts with roughly registered image pixels. Paragraphs 0073-75 teach that patches of the images that are acquired are compared to the gold standard images according to a pixel-by-pixel basis. The comparison facilitates the assessment that the alignment is done and the transformations are contemplated. The highest correlation patching patch can be determined and be digitally cropped).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Ozcan’s teaching of pixel-based comparison to image patches. This modified method would allow the user to improve one or more of spatial resolution, depth-of-field, signal-to-noise ratio, and/or image contrast (Abstract of Ozcan). Furthermore, the modification provides sub-pixel level accuracy (Paragraph 0061 of Ozcan).
Regarding claim 12, modified Walle-Jensen teaches the method in claim 11, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein each similarity value in the matrix of similarity values is calculated based on a pixel-wise comparison between the template image and the respective patch of the plurality of patches of the fluorescence image.
In an analogous imaging field of endeavor, regarding fluorescence imaging, Ozcan teaches a method, wherein each similarity value in the matrix of similarity values is calculated based on a pixel-wise comparison between the template image and the respective patch of the plurality of patches of the fluorescence image (Paragraph 0061 teaches registration starts with roughly registered image pixels. Paragraphs 0073-75 teach that patches of the images that are acquired are compared to the gold standard images according to a pixel-by-pixel basis. The comparison facilitates the assessment that the alignment is done and the transformations are contemplated. The highest correlation patching patch can be determined and be digitally cropped).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Ozcan’s teaching of pixel-based comparison. This modified method would allow the user to improve one or more of spatial resolution, depth-of-field, signal-to-noise ratio, and/or image contrast (Abstract of Ozcan). Furthermore, the modification provides sub-pixel level accuracy (Paragraph 0061 of Ozcan).
Regarding claim 13, modified Walle-Jensen teaches the method in claim 11, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the plurality of patches of the fluorescence image is a first plurality of patches of the fluorescence image, the method further comprising:
resizing the fluorescence image; and
comparing the template image with a second plurality of patches of the resized fluorescence image.
In an analogous imaging field of endeavor, regarding fluorescence imaging, Ozcan teaches a method, wherein the plurality of patches of the fluorescence image is a first plurality of patches of the fluorescence image, the method further comprising:
resizing the fluorescence image (Fig. 2 shows cropping and down-sampling of the images); and
comparing the template image with a second plurality of patches of the resized fluorescence image (Paragraph 0061 teaches registration starts with roughly registered image pixels. Paragraphs 0073-75 teach that patches of the images that are acquired are compared to the gold standard images according to a pixel-by-pixel basis. The comparison facilitates the assessment that the alignment is done and the transformations are contemplated. The highest correlation patching patch can be determined and be digitally cropped).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Ozcan’s teaching of resizing and comparing the images. This modified method would allow the user to improve one or more of spatial resolution, depth-of-field, signal-to-noise ratio, and/or image contrast (Abstract of Ozcan). Furthermore, the modification provides sub-pixel level accuracy (Paragraph 0061 of Ozcan).
Regarding claim 15, modified Walle-Jensen teaches the method in claim 1, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, further comprising:
performing contrast enhancement on the identified at least one portion of the fluorescence image to obtain an enhanced version of the identified at least one portion of the fluorescence image.
In an analogous imaging field of endeavor, regarding fluorescence imaging, Ozcan teaches a method, further comprising:
performing contrast enhancement on the identified at least one portion of the fluorescence image to obtain an enhanced version of the identified at least one portion of the fluorescence image (Paragraph 0087 teaches that the target’s contrast is modulated and improved. Paragraph 0088 teaches that the resolution and contrast is improved according to the processing. Paragraph 0109 teaches that the contrast is considered in the outputting of the images. Paragraph 0114 further teaches contrast enhancement).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Ozcan’s teaching of contrast enhancement. This modified method would allow the user to improve one or more of spatial resolution, depth-of-field, signal-to-noise ratio, and/or image contrast (Abstract of Ozcan). Furthermore, the modification provides sub-pixel level accuracy (Paragraph 0061 of Ozcan).
Regarding claim 17, modified Walle-Jensen teaches the method in claim 15, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, further comprising: wherein the contrast enhancement comprises histogram equalization.
In an analogous imaging field of endeavor, regarding fluorescence imaging, Ozcan teaches a method, further comprising: wherein the contrast enhancement comprises histogram equalization (Paragraph 0053 teaches that the spots are fit into a Gaussian and the FWHM distributions are shown in the histogram. This provides an improvement in the resolution images).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Ozcan’s teaching of histogram equalization. This modified method would allow the user to improve one or more of spatial resolution, depth-of-field, signal-to-noise ratio, and/or image contrast (Abstract of Ozcan). Furthermore, the modification provides sub-pixel level accuracy (Paragraph 0061 of Ozcan).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Walle-Jensen et al. (PGPUB No. US 2017/0124768) in view of Benaron et al. (PGPUB No. US 2004/0010192) further in view of Torre-Bueno (PGPUB No. US 2003/0231791).
Regarding claim 24, modified Walle-Jensen teaches the method in claim 1, as discussed above.
However, the combination of Walle-Jensen and Benaron is silent regarding a method, wherein the template image comprises an area of fluorescence having a mountain-shaped pixel intensity distribution,
wherein comparing the template image with the fluorescence image comprises comparing the template image with a plurality of patches of the fluorescence image on a pixel-wise basis to obtain a matrix of similarity values, wherein each similarity value of the matrix of similarity values indicates a difference between the template image and a respective patch of the plurality of patches, and
wherein identifying at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node comprises identifying the at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node based on a determination that a similarity value of the matrix of similarity values exceeds a predefined threshold.
In an analogous imaging field of endeavor, regarding assessment of lymph nodes, Torre-Bueno teaches a method, wherein the template image comprises an area of fluorescence having a mountain-shaped pixel intensity distribution,
wherein comparing the template image with the fluorescence image comprises comparing the template image with a plurality of patches of the fluorescence image on a pixel-wise basis to obtain a matrix of similarity values, wherein each similarity value of the matrix of similarity values indicates a difference between the template image and a respective patch of the plurality of patches (Paragraph 0092 teaches that the pixels are arranged in a matrix and the values are compared to a template image. A match is found when the same or similar pattern is found upon comparison. The matric of pixels represent the images), and
wherein identifying at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node comprises identifying the at least one portion of the fluorescence image that corresponds to a location of the at least one lymph node based on a determination that a similarity value of the matrix of similarity values exceeds a predefined threshold (Paragraph 0108 teaches that the pixels are thresholded to identify the candidate object of interest pixels and differentiate them from the other regions. Paragraph 0164 teaches the operation with respect to lymph nodes).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combination of Walle-Jensen and Benaron with Torre-Bueno’s teaching of comparison to a template image and thresholding of the pixel data for determination of a target region. Such a pixel-based approach can be incorporated with Walle-Jensen’s ability to determine similarity values and template comparison for identification of lymph nodes. This modified method would allow the user to assess the orientation of the sample and allow for transformations such as scaling and rotation (Paragraph 0092 of Torre-Bueno). Furthermore, the modification can improve cancer treatment (Paragraph 0050 of Torre-Bueno).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/ADIL PARTAP S VIRK/Primary Examiner, Art Unit 3798
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