NON-FINAL REJECTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
(A) with Patent No. US 11,841,315 B2:
Claims 1-20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 11,841,315 B2, to Haji Reza et al. (from hereinafter “Haji Reza Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because a combination of claims from Haji Reza patent anticipate the limitations found in the independent claim and the dependent claims of the instant application.
The instant application discloses a system for imaging a subsurface structure in a sample, comprising: one or more laser sources configured to generate a plurality of excitation beams configured to generate signals in the sample at an excitation location; wherein the one or more laser sources are also configured to generate a plurality of interrogation beams incident on the sample at the excitation location, wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals; an optical system configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point, the first focal point and the second focal point being focused at different locations; and at least one detector configured to detect the returning portion of at least one of the plurality of interrogation beams.
US Patent No. US 11,841,315 B2 (from hereinafter “Haji Reza Patent”) discloses a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, comprising: one or more laser sources configured to generate a plurality of excitation beams configured to generate pressure signals in the sample at an excitation location; wherein the one or more laser sources are also configured to generate a plurality of interrogation beams incident on the sample at the excitation location, a portion of the plurality of interrogation beams returning from the sample that is indicative of the generated pressure signals; an optical system configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point, the first and second focal points being below the surface of the sample; and a plurality of detectors each configured to detect a returning portion of at least one of the plurality of interrogation beams; and wherein the plurality of detectors surround a reference point at the sample and/or aligned with the sample.
Although the scope of claims of the instant application and claims of the Haji Reza patent are very similar, the difference between the present claimed invention and the Haji Reza patent is that the Haji Reza patent has an extra limitation, “wherein the plurality of detectors surround a reference point at the sample and/or aligned with the sample”. However, these features are not required in the instant application.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the teaching of the Haji Reza patent as a general teaching to arrive at the instant invention because the similar elements and operational conditions are disclosed in both apparatus in order to accomplish the goal of having a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify or to eliminating the additional elements or limitations of claim 1 of Haji Reza Patent to arrive at claim 1 of the instant application because one of ordinary skill in the art would have realized that the remaining elements or limitations would perform the same functions as before to accomplish the goal of imaging a subsurface structure in a sample. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals.
Further, in the instant application, the locations of the first focal point and the second focal point are at different places while in the Haji Reza patent it is below the surface of the sample. Even though the placements are not same, the two focal points could be at different places below the surface of the sample.
(B) with Patent No. US 10,117,583 B2:
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 1-16 of U.S. Patent No. US 10,117,583 B2 to Reza et al. (from hereinafter "Reza’583 Patent") in view of Reza et al. (US 2016/0113507 A1, “Reza”).
Although the conflicting claims are not identical, they are not patentably distinct from each other because in claim 1 of the instant application, applicants claim a system for imaging a subsurface structure in a sample, comprising: one or more laser sources configured to generate a plurality of excitation beams configured to generate signals in the sample at an excitation location; wherein the one or more laser sources are also configured to generate a plurality of interrogation beams incident on the sample at the excitation location, wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals; an optical system configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point, the first focal point and the second focal point being focused at different locations; and at least one detector configured to detect the returning portion of at least one of the plurality of interrogation beams.
The Reza’583 Patent teaches a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample with optical resolution, comprising: a pulsed or intensity-modulated excitation beam configured to generate ultrasonic signals in the sample at an excitation location; a continuous interrogation beam incident on the sample at the excitation location, a portion of the interrogation beam returning from the sample that is indicative of the generated ultrasonic signals; an optical system that focuses the excitation beam at a first focal point and the interrogation beam at a second focal point, the first and second focal points being below the surface of and within the sample; and an interferometer that detects the returning portion of the interrogation beam. And an endoscopic device that uses a photoacoustic remote sensing confocal microscopy system (PARS) for imaging a subsurface structure in a sample with optical resolution also disclosed in claim 16.
Although the scope of claims 1-20 of the instant application and claims 1-16 of the Reza’583 Patent are very similar, the difference between the present claimed invention and the Reza’583 patent is that - (i) Reza’583 patent discloses a pulsed or intensity-modulated excitation beam instead of laser beam of instant application; and (ii) the detector being a polarizing modulation detector or a phase modulation detector (claim 6).
As to the limitation of (i), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the Reza’583 patent to arrive at the instant invention because similar elements are used in both inventions a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, and it is well known in the art that a laser source is capable of producing a pulsed or intensity-modulated excitation beams configured to generate pressure/ultrasonic signals/waves in the sample.
As to the limitation of (ii), Reza teaches a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample where probe beam passes through a polarization control/beam quality unit 24 [0049]. ([0050]; [0114]) further discloses that a modified version of polarization sensitive Michelson interferometry has been employed to remotely record the large local initial pressures from chromophores and without appreciable acoustic loses. [0068] teaches that PARS can be integrated with any interferometry designs such as common path interferometer, Michelson interferometer, Fizeau interferometer, Ramsey interferometer, Sagnac interferometer, Fabry-Perot interferometer and Mach-Zehnder interferometer. The basic principle is that phase (and maybe amplitude) oscillations in the probing receiver beam can be detected using interferometry and detected at AC, RF or ultrasonic frequencies using various detectors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the Reza regarding polarizing modulation detector or phase modulation detector since these detectors are known in the PARS related arts to measure the polarization or phase.
(C) with Patent No. US 10,682,061 B2:
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 1-16 of U.S. Patent No. US 10,682,061 B2 to Reza et al. (from hereinafter "Reza’061 Patent") in view of Reza et al. (US 2016/0113507 A1, “Reza”).
Although the conflicting claims are not identical, they are not patentably distinct from each other because in independent claims of the instant application, applicants claim a system for imaging a subsurface structure in a sample, comprising: one or more laser sources configured to generate a plurality of excitation beams configured to generate signals in the sample at an excitation location; wherein the one or more laser sources are also configured to generate a plurality of interrogation beams incident on the sample at the excitation location, wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals; an optical system configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point, the first focal point and the second focal point being focused at different locations; and at least one detector configured to detect the returning portion of at least one of the plurality of interrogation beams.
The Reza’061 Patent teaches a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, comprising: one or more lasers configured to generate a pulsed or intensity-modulated excitation beam configured to generate ultrasonic signals in the sample at an excitation location; wherein the one or more lasers are also configured to generate a pulsed, intensity-modulated, or continuous interrogation beam incident on the sample at the excitation location, a portion of the interrogation beam returning from the sample that is indicative of the generated ultrasonic signals; an optical system configured to focus the interrogation beam at a second focal point that is below the surface of the sample; and a detector configured to detect the returning portion of the interrogation beam (Claims 1, 19), and wherein the optical system is configured to focus the excitation beam at a first focal point below the surface of the sample, and the first and second focal points are within 1 mm of the surface of the sample (claim 2).
Although the scope of claims 1-20 of the instant application and claims 1-16 of the Reza’583 Patent are very similar, the difference between the present claimed invention and the Reza’583 patent is that the detector of Reza’061 Patent is not a polarizing modulation detector or a phase modulation detector (claim 6).
However, Reza teaches a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample where probe beam passes through a polarization control/beam quality unit 24 [0049]. ([0050]; [0114]) further discloses that a modified version of polarization sensitive Michelson interferometry has been employed to remotely record the large local initial pressures from chromophores and without appreciable acoustic loses. [0068] teaches that PARS can be integrated with any interferometry designs such as common path interferometer, Michelson interferometer, Fizeau interferometer, Ramsey interferometer, Sagnac interferometer, Fabry-Perot interferometer and Mach-Zehnder interferometer. The basic principle is that phase (and maybe amplitude) oscillations in the probing receiver beam can be detected using interferometry and detected at AC, RF or ultrasonic frequencies using various detectors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the Reza regarding polarizing modulation detector or phase modulation detector since these detectors are known in the PARS related arts to measure the polarization or phase.
(D) with Patent No. US 11,122,978 B1:
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 1-27 of U.S. Patent No. US 11,122,978 B2 to Reza et al. (from hereinafter "Haji Reza’978 Patent").
Although the conflicting claims are not identical, they are not patentably distinct from each other because in independent claims of the instant application, applicants claim a system for imaging a subsurface structure in a sample, comprising: one or more laser sources configured to generate a plurality of excitation beams configured to generate signals in the sample at an excitation location; wherein the one or more laser sources are also configured to generate a plurality of interrogation beams incident on the sample at the excitation location, wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals; an optical system configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point, the first focal point and the second focal point being focused at different locations; and at least one detector configured to detect the returning portion of at least one of the plurality of interrogation beams.
The Haji Reza Patent teaches a method of visualizing details in a sample, the method comprising the steps of: generating signals in the sample at an excitation location using an excitation beam of light, the excitation beam being focused below a surface of the sample; interrogating the sample with an interrogation beam of light directed toward the excitation location of the sample, the interrogation beam being focused below the surface of the sample; and detecting a portion of the interrogation beam returning from the sample (claim 1), focusing the excitation beam at a first focal point below the surface of the sample; and focusing the interrogation beam at a second focal point below the surface of the sample (claim 8); wherein the portion of the interrogation beam returning from the sample encodes the generated signals as one or more of intensity variations, polarization variations, phase variations, fluorescence variations, variations in nonlinear scattering, or variations in nonlinear absorption (claim 3).
Although the scope of claims 1-20 of the instant application and claims 1-20 of the Haji Reza’978 Patent are very similar, the difference between the present claimed invention and the Haji Reza’978 Patent is that the detector of Reza’061 Patent is not a polarizing modulation detector or a phase modulation detector.
Reza teaches a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample where probe beam passes through a polarization control/beam quality unit 24 [0049]. ([0050]; [0114]) further discloses that a modified version of polarization sensitive Michelson interferometry has been employed to remotely record the large local initial pressures from chromophores and without appreciable acoustic loses. [0068] teaches that PARS can be integrated with any interferometry designs such as common path interferometer, Michelson interferometer, Fizeau interferometer, Ramsey interferometer, Sagnac interferometer, Fabry-Perot interferometer and Mach-Zehnder interferometer. The basic principle is that phase (and maybe amplitude) oscillations in the probing receiver beam can be detected using interferometry and detected at AC, RF or ultrasonic frequencies using various detectors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the Reza regarding polarizing modulation detector or phase modulation detector since these detectors are known in the PARS related arts to measure the polarization or phase.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-18 and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Reza et al. (US 2016/0113507 Al, cited by the applicants, “Reza”).
Regarding Claim 1, Reza teaches a system (Fig.1-4) for imaging a subsurface structure in a sample ([0049]-[0065]), comprising: one or more laser sources (fig.1-4; element 12/14) configured to generate a plurality of excitation beams [0049] configured to generate signals in the sample at an excitation location ([0071]: the photoacoustic pressure generated by the excitation beam 32); wherein the one or more laser sources (fig.1-4; element 12/14) are also configured to generate a plurality of interrogation beams (fig.1; element 16) incident on the sample at the excitation location ([0049]: The acoustic signatures are interrogated using a long-coherence length probe beam 16 from a detection laser 14), wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals ([0071]: the photoacoustic pressure generated by the excitation beam 32); an optical system (fig.1; element 36, a focusing device, [0049]) configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point, the first focal point and the second focal point being focused at different locations ([0015]; Claim 1; Claim 16); and at least one detector (fig.1; element 22) configured to detect the returning portion of at least one of the plurality of interrogation beams ([Abstract]; claim 1).
Regarding Claim 2, the system of claim 1 is taught by Reza.
Reza further teaches wherein the first focal point and the second focal point are separated in a lateral direction, and wherein at least one of the first focal point and the second focal point is below a surface of the sample [0066].
Regarding Claim 3, the system of claim 1 is taught by Reza.
Reza further teaches wherein the at least one detector is further configured to locate the plurality of excitation beams at the first focal point and the plurality of interrogation beams at the second focal point [0065-0066].
Regarding Claim 4, the system of claim 3 is taught by Reza.
Reza further teaches wherein the at least one detector is further configured to detect a pressure signal of the generated signals ([0069, 0071]).
Regarding Claim 5, the system of claim 1 is taught by Reza.
Reza further teaches wherein a distance between the first focal point and the second focal point is less than or equal to 1 mm (claim 2).
Regarding Claim 6, the system of claim 1 is taught by Reza.
Reza further teaches wherein the at least one detector is a polarizing modulation detector, the polarizing modulation detector including a plurality of photodetectors such that vertically polarized light is directed to a first photodetector and horizontally polarized light is directed to a second photodetector (Reza teaches a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample where probe beam passes through a polarization control/beam quality unit 24 [0049]. ([0050]; [0114]) further discloses that a modified version of polarization sensitive Michelson interferometry has been employed to remotely record the large local initial pressures from chromophores and without appreciable acoustic loses. [0068] teaches that PARS can be integrated with any interferometry designs such as common path interferometer, Michelson interferometer, Fizeau interferometer, Ramsey interferometer, Sagnac interferometer, Fabry-Perot interferometer and Mach-Zehnder interferometer. The basic principle is that phase (and maybe amplitude) oscillations in the probing receiver beam can be detected using interferometry and detected at AC, RF or ultrasonic frequencies using various detectors.).
Regarding Claim 7, the system of claim 1 is taught by Reza.
Reza further teaches wherein the system is used in one or more of the following applications: imaging histological samples; imaging cell nuclei; imaging proteins; imaging cytochromes; imaging DNA; imaging RNA; imaging lipids; imaging of blood oxygen saturation; imaging of tumor hypoxia; imaging of wound healing, burn diagnostics, or surgery; imaging of microcirculation; blood oxygenation parameter imaging; estimating blood flow in vessels flowing into and out of a region of tissue; imaging of molecularly-specific targets; imaging angiogenesis for pre-clinical tumor models; clinical imaging of micro- and macro-circulation and pigmented cells; imaging of an eye; augmenting or replacing fluorescein angiography; imaging dermatological lesions; imaging melanoma; imaging basal cell carcinoma; imaging hemangioma; imaging psoriasis; imaging eczema; imaging dermatitis; imaging Mohs surgery; imaging to verify tumor margin resections; imaging peripheral vascular disease; imaging diabetic and/or pressure ulcers; burn imaging; plastic surgery; microsurgery; imaging of circulating tumor cells; imaging melanoma cells; imaging lymph node angiogenesis; imaging response to photodynamic therapies; imaging response to photodynamic therapies having vascular ablative mechanisms; imaging response to chemotherapeutics; imaging response to anti-angiogenic drugs; imaging response to radiotherapy; estimating oxygen saturation using multi-wavelength photoacoustic excitation; estimating venous oxygen saturation where pulse oximetry cannot be used; estimating cerebrovenous oxygen saturation and/or central venous oxygen saturation; estimating oxygen flux and/or oxygen consumption; imaging vascular beds and depth of invasion in Barrett's esophagus and/or colorectal cancers; functional imaging during brain surgery; assessment of internal bleeding and/or cauterization verification; imaging perfusion sufficiency of organs and/or organ transplants; imaging angiogenesis around islet transplants; imaging of skin-grafts; imaging of tissue scaffolds and/or biomaterials to evaluate vascularization and/or immune rejection; imaging to aid microsurgery; guidance to avoid cutting blood vessels and/or nerves; imaging of contrast agents in clinical or pre-clinical applications; identification of sentinel lymph nodes; non- or minimally-invasive identification of tumors in lymph nodes; imaging of genetically-encoded reporters, wherein the genetically-encoded reporters include tyrosinase, chromoproteins, and/or fluorescent proteins for pre-clinical or clinical molecular imaging applications; imaging actively or passively targeted optically absorbing nanoparticles for molecular imaging; imaging of blood clots; or staging an age of blood clots [0002].
Regarding Claim 8, Reza teaches a system (Fig.1-4) for imaging a subsurface structure in a sample ([0049]-[0065]), comprising: one or more laser sources (fig.1-4; element 12/14) configured to generate a plurality of excitation beams [0049] configured to generate signals in the sample at an excitation location ([0071]: the photoacoustic pressure generated by the excitation beam 32); wherein the one or more laser sources (fig.1-4; element 12/14) are also configured to generate a plurality of interrogation beams (fig.1-4; element 14) incident on the sample at the excitation location ([0049]: The acoustic signatures are interrogated using a long-coherence length probe beam 16 from a detection laser 14), wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals ([0071]: the photoacoustic pressure generated by the excitation beam 32); and an optical system (fig.1; element 36, a focusing device, [0049]) configured to focus the plurality of excitation beams at a first focal point and the plurality of interrogation beams at a second focal point ([0015]; Claim 1; Claim 16), the first focal point and the second focal point being below a surface of the sample [0066].
Regarding Claim 9, the system of claim 8 is taught by Reza.
Reza further teaches wherein the first focal point and the second focal point are at a depth below the surface of the sample that is from 50 nm to 8 mm (Claim 18 discloses that the interferometer detects ultrasonic signals to a depth of 7 cm within the sample. Thus, it covers the range.).
Regarding Claim 10, the system of claim 8 is taught by Reza.
Reza further teaches wherein the first focal point or the second focal point is less than 30 µm (claim 22).
Regarding Claim 11, the system of claim 8 is taught by Reza.
Reza further teaches wherein the first focal point and the second focal point are confocal [0065].
Regarding Claim 12, the system of claim 8 is taught by Reza.
Reza further teaches wherein the first focal point is larger than the second focal point, the second focal point overlapping within the first focal point [0065].
Regarding Claim 13, the system of claim 8 is taught by Reza.
Reza further teaches wherein the second focal point is larger than the first focal point, the first focal point overlapping within the second focal point [0065].
Regarding Claim 14, the system of claim 8 is taught by Reza.
Reza further teaches wherein the system is used in one or more of the following applications: imaging histological samples; imaging cell nuclei; imaging proteins; imaging cytochromes; imaging DNA; imaging RNA; imaging lipids; imaging of blood oxygen saturation; imaging of tumor hypoxia; imaging of wound healing, burn diagnostics, or surgery; imaging of microcirculation; blood oxygenation parameter imaging; estimating blood flow in vessels flowing into and out of a region of tissue; imaging of molecularly-specific targets; imaging angiogenesis for pre-clinical tumor models; clinical imaging of micro- and macro-circulation and pigmented cells; imaging of an eye; augmenting or replacing fluorescein angiography; imaging dermatological lesions; imaging melanoma; imaging basal cell carcinoma; imaging hemangioma; imaging psoriasis; imaging eczema; imaging dermatitis; imaging Mohs surgery; imaging to verify tumor margin resections; imaging peripheral vascular disease; imaging diabetic and/or pressure ulcers; burn imaging; plastic surgery; microsurgery; imaging of circulating tumor cells; imaging melanoma cells; imaging lymph node angiogenesis; imaging response to photodynamic therapies; imaging response to photodynamic therapies having vascular ablative mechanisms; imaging response to chemotherapeutics; imaging response to anti-angiogenic drugs; imaging response to radiotherapy; estimating oxygen saturation using multi-wavelength photoacoustic excitation; estimating venous oxygen saturation where pulse oximetry cannot be used; estimating cerebrovenous oxygen saturation and/or central venous oxygen saturation; estimating oxygen flux and/or oxygen consumption; imaging vascular beds and depth of invasion in Barrett's esophagus and/or colorectal cancers; functional imaging during brain surgery; assessment of internal bleeding and/or cauterization verification; imaging perfusion sufficiency of organs and/or organ transplants; imaging angiogenesis around islet transplants; imaging of skin-grafts; imaging of tissue scaffolds and/or biomaterials to evaluate vascularization and/or immune rejection; imaging to aid microsurgery; guidance to avoid cutting blood vessels and/or nerves; imaging of contrast agents in clinical or pre-clinical applications; identification of sentinel lymph nodes; non- or minimally-invasive identification of tumors in lymph nodes; imaging of genetically-encoded reporters, wherein the genetically-encoded reporters include tyrosinase, chromoproteins, and/or fluorescent proteins for pre-clinical or clinical molecular imaging applications; imaging actively or passively targeted optically absorbing nanoparticles for molecular imaging; imaging of blood clots; or staging an age of blood clots [0002].
Regarding Claim 15, Reza teaches a system (Fig.1-4) for imaging a subsurface structure in a sample ([0049]-[0065]), comprising: one or more laser sources (fig.1-4; element 12/14) configured to generate a plurality of excitation beams [0049] configured to generate signals in the sample at an excitation location ([0071]: the photoacoustic pressure generated by the excitation beam 32), the plurality of excitation beams forming a first focal spot on the sample ([0015]; Claim 1; Claim 16); wherein the one or more laser sources are also configured to generate a plurality of interrogation beams incident on the sample at the excitation location ([0015]; Claim 1; Claim 16), the plurality of interrogation beams forming a second focal spot on the sample ([0015]; Claim 1; Claim 16), wherein a portion of the plurality of interrogation beams returning from the sample is indicative of the generated signals ([0071]: the photoacoustic pressure generated by the excitation beam 32).
Regarding Claim 16, the system of claim 15 is taught by Reza.
Reza further teaches wherein the plurality of excitation beams has a first radius of curvature and the plurality of interrogation beams has a second radius of curvature, the first radius of curvature being larger than the second radius of curvature [0065].
Regarding Claim 17, the system of claim 15 is taught by Reza.
Reza further teaches wherein the plurality of excitation beams and the plurality of interrogation beams are coupled into one or more single mode fibers and/or one or more image guide fibers [0078].
Regarding Claim 18, the system of claim 17 is taught by Reza.
Reza further teaches wherein the system further includes an external ultrasound transducer configured to collect the generated signals, and wherein one or more C-scan photoacoustic images are generated from the one or more image guide fibers via the external ultrasound transducer [0080].
Regarding Claim 20, the system of claim 15 is taught by Reza.
Reza further teaches wherein the system is used in one or more of the following applications: imaging histological samples; imaging cell nuclei; imaging proteins; imaging cytochromes; imaging DNA; imaging RNA; imaging lipids; imaging of blood oxygen saturation; imaging of tumor hypoxia; imaging of wound healing, burn diagnostics, or surgery; imaging of microcirculation; blood oxygenation parameter imaging; estimating blood flow in vessels flowing into and out of a region of tissue; imaging of molecularly-specific targets; imaging angiogenesis for pre-clinical tumor models; clinical imaging of micro- and macro-circulation and pigmented cells; imaging of an eye; augmenting or replacing fluorescein angiography; imaging dermatological lesions; imaging melanoma; imaging basal cell carcinoma; imaging hemangioma; imaging psoriasis; imaging eczema; imaging dermatitis; imaging Mohs surgery; imaging to verify tumor margin resections; imaging peripheral vascular disease; imaging diabetic and/or pressure ulcers; burn imaging; plastic surgery; microsurgery; imaging of circulating tumor cells; imaging melanoma cells; imaging lymph node angiogenesis; imaging response to photodynamic therapies; imaging response to photodynamic therapies having vascular ablative mechanisms; imaging response to chemotherapeutics; imaging response to anti-angiogenic drugs; imaging response to radiotherapy; estimating oxygen saturation using multi-wavelength photoacoustic excitation; estimating venous oxygen saturation where pulse oximetry cannot be used; estimating cerebrovenous oxygen saturation and/or central venous oxygen saturation; estimating oxygen flux and/or oxygen consumption; imaging vascular beds and depth of invasion in Barrett's esophagus and/or colorectal cancers; functional imaging during brain surgery; assessment of internal bleeding and/or cauterization verification; imaging perfusion sufficiency of organs and/or organ transplants; imaging angiogenesis around islet transplants; imaging of skin-grafts; imaging of tissue scaffolds and/or biomaterials to evaluate vascularization and/or immune rejection; imaging to aid microsurgery; guidance to avoid cutting blood vessels and/or nerves; imaging of contrast agents in clinical or pre-clinical applications; identification of sentinel lymph nodes; non- or minimally-invasive identification of tumors in lymph nodes; imaging of genetically-encoded reporters, wherein the genetically-encoded reporters include tyrosinase, chromoproteins, and/or fluorescent proteins for pre-clinical or clinical molecular imaging applications; imaging actively or passively targeted optically absorbing nanoparticles for molecular imaging; imaging of blood clots; or staging an age of blood clots [0002].
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Reza as applied to claim 15 above, and further in view of Haji Reza et al. (US 2021/0404948 A1, “Haji Reza”).
Regarding Claim 19, the system of claim 15 is taught by Reza.
Reza does not teach wherein the plurality of excitation beams and the plurality of interrogation beams are coupled into one or more double-clad fibers, each of the one or more double-clad fibers having a single-mode core surrounded with a multi-mode core, and wherein single-mode propagation is maintained for at least one of the plurality of excitation beams and the plurality of interrogation beams.
However, Haji Reza teaches a laser and ultrasound-based method and system for in vivo or ex vivo, non-contact imaging of biological tissue [0002] wherein the plurality of excitation beams and the plurality of interrogation beams are coupled into one or more double-clad fibers, each of the one or more double-clad fibers having a single-mode core surrounded with a multi-mode core, and wherein single-mode propagation is maintained for at least one of the plurality of excitation beams and the plurality of interrogation beams ([0042]; [0085]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza’s system with the teaching of Haji Reza since it is known in the art to use one or more double-clad fibers which would provide a single-mode core surrounded with a multi-mode core. This allows for highly dissimilar wavelengths, such as 532 nm and 1310 nm, to be combined into a single fiber while maintaining single-mode propagation for at least one of the wavelengths [0085].
Conclusion
The following prior arts made of record and not relied upon, are considered pertinent to applicant's disclosure:
Haji Reza et al. (US 10,327,646 B2) teaches a photoacoustic remote sensing system (NI-PARS) for imaging a subsurface structure in a sample, has an excitation beam configured to generate ultrasonic signals in the sample at an excitation location; an interrogation beam incident on the sample at the excitation location, a portion of the interrogation beam returning from the sample that is indicative of the generated ultrasonic signals; an optical system that focuses at least one of the excitation beam and the interrogation beam with a focal point that is below the surface of the sample; and a detector that detects the returning portion of the interrogation beam. [Abstract].
Haji Reza et al. (US 2018/0275046 A1) teaches a camera-based photoacoustic remote sensing system (C-PARS) for imaging a subsurface and deep structures in a sample, has an excitation beam configured to generate ultrasonic signals in the sample at an excitation location; an interrogation beam incident on the sample at the excitation location, a portion of the interrogation beam returning from the sample that is indicative of the generated ultrasonic signals; a camera to map the returning portion of the interrogation beam over the entire field of view [Abstract].
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/SUMAN K NATH/Primary Examiner, Art Unit 2855