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 .
Election/Restrictions
The election of claims 6, 18 is acknowledge. Claims 1, 3-14, 16-20 will be examined on the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-, 3-14, 16-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1, 14 does microvascular perfusion is determined? The claim is unclear as to whether it is or not. Furthermore, it is unclear if it is determined using optical perfusion imaging; the claim is indefinite.
In claims 1, 14 it is unclear what does “feeding information” means.
In claims 6, 18, it is unclear what it means “such as for example” does it means such limitation is optional? It is unclear.
In claims 12, 19 it is unclear if the limitations after the term “optionally” are optional and therefore not given patentable weight.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 20 is rejected under 35 U.S.C. 101 because it set forth a computer readiable medium which could be a signal for example; the Examiner recommends incorporating the term “non transitory” in front of the term “computer readable medium”.
Allowable Subject Matter
The closest prior art:
Fan et al. (US 2020/0138360) which discloses A diagnostic device as described herein provides a point of care perfusion imaging system that provides diagnostic images derived from optical measurements of tissue perfusion. The device is non-contact, non-invasive, non-laser, and non-radiation. The device can simultaneously or sequentially perform two optical imaging methods to obtain blood flow assessment: photoplethysmographic (PPG) imaging and multispectral imaging (MSI). At block 604 the time-resolved image sequence (data subset 402 for example) is sent to the controller/classifier/processor 412 for processing, which then uses a PPG analysis to calculate the blood flow perfusion in the tissue area. This process can involve amplification, linearization, signal averaging, correlation, and/or one or more filters (for example, bandpass, highpass, or lowpass) to eliminate noise, isolate the portions of signal of interest, and boost signal-to-noise ratios. The choice of filters is important because too much filtering can cut out essential data while too little filtering can make the signal harder to analyze. Cross-correlation and auto-correlation can also be used to eliminate noise. In some alternatives, sample signals can also be used to eliminate noise, as will be described below. The signal is then transformed into the frequency domain. For example, in some alternatives, a fast Fourier transform (FFT) is used. After performing the FFT, the signal is then analyzable by frequency. The time domain variation of reflected light intensity at each pixel over the course of the multiple time separated images has signal energy at various frequencies. These frequencies, and the physiological events to which they correspond, give an indication of the impact of the occurrence and intensity of those physiological events at the tissue location imaged with the pixel. For example, the signal intensity at a pixel in a band around 1.0 Hz, which is approximately the frequency of a resting human heart beat, can be used to assess the blood flow to and around the tissue at the location of the pixel in the image.
PNG
media_image1.png
520
780
media_image1.png
Greyscale
However Fan does not explicitly disclose wherein the data input is configured to provide flow data comprising information about macrovascular blood flow in an area of interest of a subject; wherein the data processor is configured to: identify, based on the flow data, within the area of interest of the subject, a vascular region of interest for macrovascular flow; determine at least one tissue portion of interest for microvascular perfusion, the determination based on the identified vascular region of interest and based on feeding information assigned to the identified vascular region of interest; determine a surface portion for assessing microvascular perfusion with optical perfusion imaging; the surface portion being part of the at least one tissue portion of interest; allocate the surface portion on an outer surface of the subject or organ thereof; and wherein the output interface is configured to provide a surface portion identifier based on the allocated surface portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797
Prosecution Insights