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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/20/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-15 of U.S. Patent No. 12,108,170. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of the claims or the present invention are taught by all of the claims of U.S. Patent No. 12,108,170.
Claim of Present Invention
Corresponding Claim of USPN 12,108,170
Comparison
Examiner Comment
1. An image sensing apparatus comprising: a pixel array comprising two or more photo-sensor elements; a first optical filter disposed on a first photo-sensor element of the pixel array, the first optical filter configured such that a spectral response of the first optical filter includes: a first passband in a first wavelength range, and a second passband in a second wavelength range, the first passband and the second passband being separated by a first stop band; and a second optical filter disposed on a second photo-sensor element of the pixel array, the second optical filter configured such that a spectral response of the second optical filter includes: a third passband in the first wavelength range, and a fourth passband in the second wavelength range, the third passband and the fourth passband being separated by a second stop band; wherein the second passband and the fourth passband are discrete passbands in an infrared range.
1. An image sensing apparatus comprising: a pixel array comprising two or more photo-sensor elements; a first optical filter disposed on a first photo-sensor element of the pixel array, the first optical filter configured such that a spectral response of the first optical filter includes: a first passband in a first wavelength range, and a second passband in a second wavelength range, the first passband and the second passband being separated by a first stop band, the second passband having a wavelength between 1200 and 1250 nm; and a second optical filter disposed on a second photo-sensor element of the pixel array, the second optical filter configured such that a spectral response of the second optical filter includes: a third passband in the first wavelength range, and a fourth passband in the second wavelength range, the third passband and the fourth passband being separated by a second stop band, the fourth passband having a wavelength between 1300 and 1350 nm; wherein the first and second optical filters are arranged in a Bayer pattern, the first wavelength range is non-overlapping with second wavelength range, and the second optical filter is configured such that absorption characteristic of a first tissue type in the third passband is higher than absorption characteristic of a second tissue type in the third passband, and absorption characteristic of the second tissue type in the fourth passband is higher than absorption characteristic of the first tissue type in the fourth passband.
Claims are identical However, the claim of USPN 12,108,170 includes further limitations that correspond to the limitations of Claims 2 and 3 of the present invention.
The claimed wavelength range within Claim 1 of USPN 12,108,170 are discrete wavelength bands known to be within the Infrared range as claimed in Claim 1 of the present invention.
2. The image sensing apparatus of claim 1, wherein: the second passband has a wavelength between 1200 and 1250 nm; and the fourth passband has a wavelength between 1300 and 1350 nm.
Claim 1
The limitations are taught in Claim 1 of USPN 12,108,170.
3. The image sensing apparatus of claim 1, wherein the first optical filter is configured such that an absorption characteristic of a first tissue type of a surgical site in the second passband is higher than an absorption characteristic of a second tissue type of a surgical site in the second passband, and the second optical filter is configured such that an absorption characteristic of the second tissue type in the fourth passband is higher than an absorption characteristic of the first tissue type in the fourth passband.
Claim 1 and 2
The limitations are taught in the combination of Claims 1 and 2 of USPN 12,108,170.
4. The image sensing apparatus of claim 1, further comprising a third optical filter disposed on a third photo-sensor element of the pixel array, the third optical filter configured such that a spectral response of the third optical filter includes: a fifth passband in the first wavelength range, and a sixth passband in the second wavelength range, the fifth passband and the sixth passband being separated by a third stop band.
2. The image sensing apparatus of claim 1, comprising a third optical filter disposed on a third photo-sensor element of the pixel array, the third optical filter configured such that a spectral response of the third optical filter includes: a fifth passband in the first wavelength range, and a sixth passband in the second wavelength range, the fifth passband and the sixth passband being separated by a third stop band.
Claims are Identical
5. The image sensing apparatus of claim 4, wherein the first, second, and third optical filters are arranged in a Bayer pattern.
Claim 1 and 2
The limitations are taught in the combination of Claims 1 and 2 of USPN 12,108,170.
6. The image sensing apparatus of claim 4, wherein a portion of the first stop band overlaps with a portion of the second stop band and a portion of the third stop band.
3. The image sensing apparatus of claim 2, wherein a portion of the first stop band overlaps with a portion of the second stop band and a portion of the third stop band.
Claims are Identical
7. The image sensing apparatus of claim 1, further comprising: one or more processing devices configured to generate a representation of an image of using output signals from the pixel array; and circuitry configured to provide the output signals from the pixel array to the one or more processing devices.
4. The image sensing apparatus of claim 1, comprising one or more processing devices configured to generate a representation of an image of using output signals from the pixel array; and circuitry configured to provide the output signals from the pixel array to the one or more processing devices.
Claims are Identical
8. The image sensing apparatus of claim 7, wherein the one or more processing devices are configured to generate the representation of the image by combining electromagnetic radiation received by the pixel array in the first wavelength range, and electromagnetic radiation received by the pixel array in the second wavelength range.
5. The image sensing apparatus of claim 4, wherein the one or more processing devices are configured to generate the representation of the image by combining electromagnetic radiation received by the pixel array in the first wavelength range, and electromagnetic radiation received by the pixel array in the second wavelength range.
Claims are Identical
9. The image sensing apparatus of claim 8, wherein the one or more processing devices are configured to: present the representation of the image on one or more displays.
6. The image sensing apparatus of claim 5, wherein the one or more processing devices are configured to: present the representation of the image on one or more displays.
Claims are Identical
10. The image sensing apparatus of claim 1, wherein a portion of the first stop band overlaps with a portion of the second stop band.
7. The image sensing apparatus of claim 1, wherein a portion of the first stop band overlaps with a portion of the second stop band.
Claims are Identical
11. The image sensing apparatus of claim 1, wherein the first wavelength range is within the visible wavelength range, and wherein the second wavelength range is outside the visible wavelength range.
8. The image sensing apparatus of claim 1, wherein the first wavelength range is within the visible wavelength range, and wherein the second wavelength range is outside the visible wavelength range.
Claims are Identical
12. The image sensing apparatus of claim 1, wherein the first and second wavelength ranges are in the range 400-2000 nm.
9. The image sensing apparatus of claim 1, wherein the first and second wavelength ranges are in the range 400-2000 nm.
Claims are Identical
13. A surgical system comprising: one or more displays; an image sensing apparatus configured to receive electromagnetic radiation reflected or transmitted from a surgical scene, the image sensing apparatus comprising: a pixel array comprising two or more photo-sensor elements, a first optical filter disposed on a first photo-sensor element of the pixel array, the first optical filter configured such that a spectral response of the first optical filter includes: a first passband in a first wavelength range, and a second passband in a second wavelength range, the first passband and the second passband being separated by a first stop band, and a second optical filter disposed on a second photo-sensor element of the pixel array, the second optical filter configured such that a spectral response of the second optical filter includes: a third passband in the first wavelength range, and a fourth passband in the second wavelength range, the third passband and the fourth passband being separated by a second stop band, wherein the second passband and the fourth passband are discrete passbands in an infrared range; one or more processing devices configured to: obtain a representation of a first image of a surgical scene using electromagnetic radiation in the first wavelength range, obtain a representation of a second image of the surgical scene using electromagnetic radiation in the second wavelength range, and present a visual representation of the surgical scene on the one or more displays, wherein the visual representation of the surgical scene is rendered using the representation of the first image and the representation of the second image; and an input device configured to receive a user-input for controlling at least a portion of a surgical device.
10. A surgical system comprising: one or more display devices; an image sensing apparatus configured to receive electromagnetic radiation reflected or transmitted from a surgical scene, the image sensing apparatus comprising: a pixel array comprising two or more photo-sensor elements, and a first optical filter disposed on a first photo-sensor element of the pixel array, the first optical filter configured such that a spectral response of the first optical filter includes: a first passband in a first wavelength range, and a second passband in a second wavelength range, the first passband and the second passband being separated by a first stop band, the second passband having a wavelength between 1200 and 1250 nm, and a second optical filter disposed on a second photo-sensor element of the pixel array, the second optical filter configured such that a spectral response of the second optical filter includes: a third passband in the first wavelength range, and a fourth passband in the second wavelength range, the third passband and the fourth passband being separated by a second stop band, the fourth passband having a wavelength between 1300 and 1350 nm; wherein the first and second optical filters are arranged in a Bayer pattern, the first wavelength range is non-overlapping with second wavelength range, and the second optical filter is configured such that absorption characteristic of a first tissue type in the third passband is higher than absorption characteristic of a second tissue type in the third passband, and absorption characteristic of the second tissue type in the fourth passband is higher than absorption characteristic of the first tissue type in the fourth passband; one or more processing devices configured to: obtain a representation of a first image of a surgical scene using electromagnetic radiation in the first wavelength range, obtain a representation of a second image of the surgical scene using electromagnetic radiation in the second wavelength range, and present a visual representation of the surgical scene on the one or more displays, wherein the visual representation is rendered using the representation of the first image and the representation of the second image; and an input device configured to receive a user-input for controlling at least a portion of a surgical device.
Claims are identical However, the claim of USPN 12,108,170 includes further limitations that correspond to the limitations of Claims 14 and 15 of the present invention.
The claimed wavelength range within Claim 1 of USPN 12,108,170 are discrete wavelength bands known to be within the Infrared range as claimed in Claim 1 of the present invention.
14. The surgical system of claim 13, wherein: the second passband has a wavelength between 1200 and 1250 nm; and the fourth passband has a wavelength between 1300 and 1350 nm.
Claim 10
The limitations are taught in Claim 10 of USPN 12,108,170.
15. The surgical system of claim 13, wherein the first optical filter is configured such that an absorption characteristic of a first tissue type of a surgical site in the second passband is higher than an absorption characteristic of a second tissue type of a surgical site in the second passband, and the second optical filter is configured such that an absorption characteristic of the second tissue type in the fourth passband is higher than an absorption characteristic of the first tissue type in the fourth passband.
Claim 10
The limitations are taught in Claim 10 of USPN 12,108,170.
16. The surgical system of claim 13, further comprising: an illumination apparatus configured to illuminate the surgical scene using electromatic radiation in a first wavelength range and a second wavelength range; wherein the representation of the first image is obtained responsive to illuminating the surgical scene using electromagnetic radiation in the first wavelength range; and wherein the representation of the second image is obtained responsive to illuminating the surgical scene using electromagnetic radiation in the second wavelength range.
11. The system of claim 10, wherein obtaining the representation of the first and second image, comprises: illuminating the surgical scene using electromagnetic radiation in a first illumination range and a second illumination range; and obtaining the representations of the first image or second image responsive to illuminating the surgical scene using electromagnetic radiation in the first illumination range and second illumination range, respectively.
The claims are substantively Similar however, refer to a wavelength range vs an illumination range.
17. The surgical system of claim 16, wherein illuminating the surgical scene using electromagnetic radiation in the first wavelength range and the second wavelength range comprises: illuminating the surgical scene using electromagnetic radiation in the first wavelength range during a first time period; and illuminating the surgical scene using electromagnetic radiation in the second wavelength range during a second time period that is at least partially non-overlapping with the first time period.
12. The system of claim 11, wherein illuminating the surgical scene using electromagnetic radiation in the first wavelength range or the second wavelength range comprises: illuminating the surgical scene using electromagnetic radiation in the first illumination range during a first time period; and illuminating the surgical scene using electromagnetic radiation in the second illumination range during a second time period that is at least partially non-overlapping with the first time period.
wherein illuminating the surgical scene using electromagnetic radiation in the first wavelength range and the second wavelength range comprises: illuminating the surgical scene using electromagnetic radiation in the first wavelength range during a first time period; and illuminating the surgical scene using electromagnetic radiation in the second wavelength range during a second time period that is at least partially non-overlapping with the first time period.
The claims are substantively identical however, refer to a wavelength range vs an illumination range.
18. The surgical system of claim 13, wherein the representation of the second image is obtained at substantially the same time as the representation of the first image.
13. The system of claim 10, wherein the representation of the second image is obtained at substantially the same time as the representation of the first image.
Claims are Identical
19. A method of providing visual feedback during a surgical process using a visual representation of a surgical scene rendered on one or more displays associated with a surgical device, the method comprising: illuminating a surgical scene using electromagnetic radiation in a first illumination-wavelength range; obtaining, responsive to illuminating the surgical scene using electromagnetic radiation in the first illumination-wavelength range, a representation of a first image of the surgical scene using a pixel array including two or more photo-sensor elements, wherein a first photo-sensor element of the two or more photo-sensor elements is configured to receive electromagnetic radiation through a first filter that includes a first passband in a first wavelength range and a second passband in a second wavelength range, the first passband and the second passband being separated by a first stop band, and wherein a second photo-sensor element of the two or more photo-sensor elements is configured to receive electromagnetic radiation through a second filter that includes a third passband in the first wavelength range and a fourth passband in the second wavelength range, the third passband and the fourth passband being separated by a second stop band, wherein the second passband and the fourth passband are discrete passbands in an infrared range; illuminating the surgical scene using electromagnetic radiation in a second illumination-wavelength range; obtaining, responsive to illuminating the surgical scene using electromagnetic radiation in the second illumination-wavelength range, a representation of a second image of the surgical scene using the pixel array; and presenting the visual representation of the surgical scene on the one or more displays, wherein the visual representation of the surgical scene is rendered using the representation of the first image and the representation of the second image.
14. A method of providing visual feedback during a surgical process using a visual representation of a surgical scene rendered on one or more displays associated with a surgical device, the method comprising: illuminating a surgical scene using electromagnetic radiation in a first illumination-wavelength range; obtaining, responsive to illuminating the surgical scene using electromagnetic radiation in the first illumination-wavelength range, a representation of a first image of the surgical scene using a pixel array including two or more photo-sensor elements, wherein a first photo-sensor element of the two or more photo-sensor elements is configured to receive electromagnetic radiation though a first filter that includes a first passband in a first wavelength range and a second passband in a second wavelength range, the second passband having a wavelength between 1200 and 1250 nm, the first passband and the second passband being separated by a first stop band, and wherein a second photo-sensor element of the two or more photo-sensor elements is configured to receive electromagnetic radiation though a second filter that includes a third passband in the first wavelength range and a fourth passband in the second wavelength range, the fourth passband having a wavelength between 1300 and 1350 nm, the third passband and the fourth passband being separated by a second stop band wherein the first and second optical filters are arranged in a Bayer pattern, the first wavelength range is non-overlapping with second wavelength range, and the second optical filter is configured such that absorption characteristic of a first tissue type in the third passband is higher than absorption characteristic of a second tissue type in the third passband, and absorption characteristic of the second tissue type in the fourth passband is higher than absorption characteristic of the first tissue type in the fourth passband; illuminating the surgical scene using electromagnetic radiation in a second illumination-wavelength range; obtaining, responsive to illuminating the surgical scene using electromagnetic radiation in the second illumination-wavelength range, a representation of a second image of the surgical scene using the pixel array; and presenting the visual representation of the surgical scene on the one or more displays, wherein the visual representation is rendered using the representation of the first image and the representation of the second image.
Claims are identical However, the claim of USPN 12,108,170 includes further limitations including limitations correspond to the limitations 20 of the present invention.
The claimed wavelength range within Claim 1 of USPN 12,108,170 are discrete wavelength bands known to be within the Infrared range as claimed in Claim 1 of the present invention.
20. The method of claim 19, wherein: the second passband has a wavelength between 1200 and 1250 nm; and the fourth passband has a wavelength between 1300 and 1350 nm.
Limitations taught in Claim 14.
The limitations are taught in Claim 1 of USPN 12,108,170.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M HANNETT whose telephone number is (571)272-7309. The examiner can normally be reached 8:00 AM-5:00 PM Monday thru Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at 571-272-7406 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M HANNETT/Primary Examiner, Art Unit 2639
JMH
February 12, 2026