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 .
Terminal Disclaimer
The terminal disclaimer filed on June 9, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18/864,581 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Granneman (US Pub No. 2018/0220052) in view of Kobayashi (US 2007/0093691) and Dimitriadis et al. (US Pub No. 2017/0176336).
With regards to claims 1 and 3, Grannerman discloses an image processor for a medical fluorescence observation device (paragraphs [0057]-[0058], [0066], referring to the image processing circuitry (30) comprising of a processor; Figure 1), wherein the image processor is configured to perform operations comprising:
retrieve a digital white-light color image (i.e. “visible light images”) of an object recorded in a first imaged spectrum (i.e. visible light spectrum) captured by a white-light camera (20) (paragraphs [0056]-[0057], referring to the digitized signals each representing streams of images or image representations based on the data and visible light images of image signals (27); paragraphs [0046]-[0047], referring to emitting visible light; Figures 4, 6, referring to steps 301, 401, “Receive first image stream including visible light images having first color space”; paragraphs [0048], [0051]-[0056], referring to the image sensor (20) which produces three analog output signals that contain visible light data of the three primary color channels);
retrieve a digital fluorescence-light color image (“images based on detected fluoresce of the object”) recorded in a second imaged spectrum captured by a fluorescence-light color camera (21), the second imaged spectrum overlapping with a fluorescence emission spectrum of at least one fluorophore, both the first imaged spectrum and the second imaged spectrum overlapping with a visible spectrum (paragraphs [0046]-[0047], referring to fluorescence excitation light; paragraphs [0056]-[0057], referring to the fluoresced light data in signal (29); Figures 4, 6, steps 302, 402, “Receive second image stream including images based on detected fluoresced light”; paragraph [0051], referring to “the fluoresced light is in a spectrum detectable by light sensor 20 that is in or near the visible light spectrum typically detected by a RGB sensor arrays”, and thus both the first imaged spectrum (i.e. visible light spectrum) and the second imaged spectrum (i.e. fluoresced light spectrum) overlaps with a visible spectrum; Figures 4, 6, referring to steps 302, 402, “Receive second image stream including images based on detected fluoresced light”; paragraphs [0048], [0051]-[0056], referring to the fluorescent sensor (21) which detects fluoresced light),
wherein the first imaged spectrum comprises three first color bands of a first color space (paragraphs [0023], paragraph [0025], referring to the WL image stream (i.e. visible light image) having a first color space; paragraphs [0072]-[0073], [0089], referring to the BT-709 8-bit per channel RGB color space being employed for the first image stream, and therefore the first color space uses at least three first colors bands (i.e. red (R ), green (G) and blue (B); Figures 4-7),
the second imaged spectrum comprises three second color bands of a second color space (paragraphs [0013]-[0014], [0017], [0071], referring to fluorescence (FI) image stream may include a red channel, a green channel and a blue channel (i.e. “fluoresced light in one or more of the RGB channels”; Figures 4-7);
and
output at least one digital output color image of a set of digital output color images containing: a digital output color image generated by the image processor from only the digital fluorescence-light color image, a digital output color image generated by the image processor from only the digital white-light color image and a digital output color image generated by the image processor from a combination of the digital fluorescence-light color image and the digital white-light color image (paragraph [0069], referring to the image processing circuitry (30) which performs digital image processing function for a white-light imaging modality to process and combine visible light images of image signal (27) with the fluoresced light data in signal (29) to produce the desired form of image from the data received; paragraph [0099], referring to image combining occurring at block 313, which combines the converted first image stream and the transformed second image stream into a combined image stream; paragraphs [0063]-[0065], [0096], [0100], referring to the signal being processed by a display controller (82) and presented on an image display (88), wherein the image of the fluorescent data is displayed combined or overlaid on the visible color image (i.e. digital output color image generated from a combination of the digital fluorescence light color image and the digital white-light color image); Figures 1-2, 4, 6);
compute the digital output color image generated from only the digital fluorescence- light color image by applying at least a first color conversion function of a set of color conversion functions to the fluorescence-light color image, wherein the image processor comprises the set of color conversion functions, each respective color conversion function of the set of color conversion functions being configured to map a color of an input pixel to a different color of an output pixel (paragraphs [0093], referring to transforming the second image stream to a portion of the second color space outside compressed color space produced by block 305, or if no compressed color space is used for the white-light images at block 305, block 306 transforms the second image stream to a desired color or color range that has been chosen to be highly visible when overlaid with visible light images, wherein such transformations correspond a first color conversion function that maps a color of an input pixel to a different color of an output pixel; paragraphs [0078]-[0080], referring to scaling luminance values of the F1 images, wherein “scaling” corresponds to a first color conversion function; paragraph [0096], referring to transforming the second image stream by using intensity scaling or color transformation, which corresponds to a first color conversion function; paragraph [0020], referring to the color space conversion performed by the image processing circuitry and formats the FI image stream to a color format inside the second color space and outside the first color space; Figures 4-7);
compute the digital output color image generated from only the digital white-light color image by applying at least a second color conversion function of the set of color conversion functions to the white-light color image (paragraph [0103], referring to the format conversion at block 405 (i.e. converting first image stream to larger color space) being directly calculated with a matrix multiplication (i.e. second color conversion function) of the RGB values in the first color stream; paragraph [0020], referring to the color space conversion performed by the image processing circuitry and converts a format of the WL image stream into a second data format having a second color space larger than its original color space; Figures 4-7); and
compute the digital output color image generated from the combination of the digital fluorescence-light color image and the digital white-light color image by applying at least a third color conversion function of the set of color conversion functions to: the white-light color image, the fluorescence-light color image and/or the combination of the digital fluorescence-light color image and the digital white-light color image (paragraphs [0093], referring to transforming the second image stream to a portion of the second color space outside compressed color space produced by block 305, or if no compressed color space is used for the white-light images at block 305, block 306 transforms the second image stream to a desired color or color range that has been chosen to be highly visible when overlaid with visible light images; paragraph [0099], referring to combining the converted first image stream and the transformed second image stream into a combined image stream, wherein the combination may be done by overlaying or alpha blending the images, and thus the combination of the converted first image stream and the transformed second image stream would result in a third color space; paragraphs [0102]-[0103], referring to transforming the first color space to a new, second, data format which has a larger color space than the first color space, wherein the second color space can be defined by at least three or four primaries; Figures 4-7).
However, Granneman does not specifically disclose that the operations further comprises receive a display selection signal from a selector device and select the at least one digital output color image from the set for outputting depending on the display selection signal.
Additionally, Granneman does not specifically disclose that the three first color bands [of the first imaged spectrum captured by a white-light color camera] and the three second color bands [of the second imaged spectrum captured by the fluorescence-light color camera] are complementary to each other.
Further, with regards to claim 3, Granneman does not specifically disclose that the image processor is configured to output simultaneously at least two digital output color images of the set.
Kobayashi discloses an electronic endoscope that can generate and display a normal image and a high-quality fluorescent image of the same subject as the normal image, as real time images by brightness control of a single imaging optical system (Abstract; paragraph [0007]). The electronic endoscope includes a mode selection button (44) on the surface of the processor (30), wherein depression of the mode selection button (44) allows a plurality of image modes to be selected (paragraph [0032]; Figure 1). That is, a normal image mode where a normal image (i.e. “digital output color image generated by the image processor from only the white-light color image”) is generated based on the reflected light of the white light and displayed on the monitor 60; a fluorescent image mode where a fluorescent image (i.e. “digital output color image generated by the image processor from only the digital fluorescence-light color image”) based on the fluorescent light is generated and displayed; a plurality images mode where a normal image and a fluorescent image are simultaneously generated and displayed (i.e. “image processor is configured to output simultaneously at least two digital output color images of the set”); and a pseudo-color image mode where a pseudo-color image (i.e. “digital output color image generated by the image processor from a combination of the digital fluorescence-light color image and the digital white-light color image”) based on the reflected light of the white light and the fluorescent light (i.e., corresponding to the normal image signals and the fluorescent image signals) is generated and displayed can be selected (paragraph [0032]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the operations of Granneman further comprise receive a display selection signal from a selector device and select the at least one digital output color image from the set for outputting depending on the display selection signal and further have the image processor of Granneman be configured to output simultaneously at least two digital output color images of the set, as taught by Kobayashi, in order to selectively display real-time images representing the same subject at the time of receiving the reflected light and the fluorescent light, thereby aiding in providing diagnosis of the examined tissue (Abstract; paragraph [0007]).
However, the above combined references do not specifically disclose that the three first color bands [of the first imaged spectrum captured by a white-light color camera] and the three second color bands [of the second imaged spectrum captured by the fluorescence-light color camera] are complementary to each other.
Dimitriadis et al. disclose multispectral imaging of biological tissues, wherein the imaging system (200) comprises of two (or more) imaging channels/paths, each imaging channel has image sensor arrays (211, 221) to detect and record fluorescence and reflectance images at different phases (Abstract; paragraph [0026]). By alternating the illumination of the object it is possible to alternatively record spectrally complementary reflectance and fluorescence images with the two sensors, wherein in illumination phase 1 the spectral bands of the light reflected from the object are transmitted and detected into detector sensor 221 forming a reflectance image, whereas the fluorescence emission from the object is transmitted and detected into sensor 211 forming a fluorescence image (paragraph [0027]; Figure 3). In illumination phase 2 the spectral bands of the light reflected from the object are transmitted and detected in detector sensor 211 forming a reflectance image, whereas the fluorescence emission from the object is transmitted to and detected in sensor 221 forming a fluorescence image (paragraph [0027]). The sensor is preferably a multi-channel (multi color) sensor that has the capability to record the images in multiple spectral areas, wherein each spectral area has a distinct spectral sensitivity and records the reflected light of a spectral multiplex of various reflecting and fluorescence substances in the object (paragraph [0036]). Examples of multichannel color sensor arrays are the RGB (red-green-blue) or the CMYG (cyan-magenta-yellow-green) pattern sensors (paragraph [0036]). Figure 2B depicts the transmission spectra in front of the two sensors arrays, wherein in phase 2 of illumination the object is illuminated in general with a light that has a different spectral shape, and is preferably exhibiting an approximately complementary structure as shown in Figure 2B (paragraph [0026]; Figure 2, note that in phase 1, the transmission reflectance spectra for sensor 1 has 3 wavelength bands (i.e. 3 color bands which are defined by wavelength; see paragraph [0036], referring to the multi-channel/multi-color sensor recording the images in multiple spectral areas and correspond to RGB or CMYG pattern sensors) that are complementary (i.e. do not overlap) to the 3 wavelength bands (i.e. color bands) depicted for the transmission fluorescence spectra for sensor 1; paragraph [0033], referring to the reflectance and fluorescence images being complementary recorded; paragraphs [0079], [0089]-[0093]; Figures 2, 6). The spectral coverage of both fluorescence and reflectance is increased, offering surplus spectral imaging for comparably small changes (paragraph [0034]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the at least three first color bands and the at least three second color bands of the above combined references be complementary to each other, as taught by Dimitriadis et al., in order to increase the spectral coverage of both fluorescence and reflectance, thus offering surplus spectral imaging for comparably small changes (paragraph [0034]).
With regards to claim 4, Granneman discloses that the digital white-light color image is representative of a reflectance image of the object under illumination with a fluorescence excitation spectrum of the at least one fluorophore, and/or the digital fluorescence-light color image is representative of fluorescence emission of the at least one fluorophore (paragraphs [0022], [0045]-[0049], [0060], referring to detecting reflected light components for a white-light (WL) modality and detecting fluoresced light components for a fluorescence imaging (FI) modality; Figures 4-7).
With regards to claim 5, Granneman discloses that the digital white-light color image is representative of a reflectance image of the object under white-light illumination, and/or the digital fluorescence-light color image is representative of fluorescence emission of the at least one fluorophore (paragraphs [0045]-[0049], referring to the light source illuminating the subject scene with visible light and fluorescent excitation light, wherein an endoscope is capable of white-light and fluorescence imaging modalities; Figures 1, 4-7).
With regards to claim 6, Granneman discloses that the digital white-light color image and the digital fluorescence-light color image are representative of a reflectance image of the object under white-light illumination (paragraphs [0046]-[0048], referring to white-light/visible light imaging; paragraph [0051], referring to “the fluoresced light is in a spectrum detectable by light sensor 20 that is in or near the visible light spectrum typically detected by a RGB sensor arrays”, and thus both the white-light color image and fluorescence-light color image are representative of an object under white-light illumination; Figures 4-7).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Granneman in view of Kobayashi and Dimitriadis et al., as applied to claim 1 above, and further in view of Higgins (US Pub No. 2005/0083352).
With regards to claim 8, as discussed above, the above combined references meet the limitations of claim 1. Further, Granneman discloses that the linear transformation comprises a color conversion matrix having a dimension of a number X times a number Y (paragraphs [0015], [0033], [0073], referring to the conversion being calculated using a matrix multiplication of the RGB values in the first color stream and referring to the color conversion matrix, wherein a matrix is inherently defined by a dimension of a number (i.e. X) times another number (i.e. Y)). Granneman further discloses that the first color space is defined by “at least three primaries” (paragraph [0088]).
However, though Granneman discloses that the first color space is defined by “at least three primaries” (paragraph [0088]), the above combined references do not specifically disclose that each color conversion function of the set of color conversion functions is a 3x3, a 6x3 or a 3x6 matrix.
Higgins discloses a method for converting from a source color space to a target color space, wherein the source color space results from a combination of N primary color points and the target color space results from a combination of a N+1 or more primary color points in the target color space, thus providing multiple primary conversions (Abstract; paragraph [0038]). Matrices may be combined together to perform conversion directly without going through intermediate color spaces (paragraph [0038]). As depicted in Figure 5, a 3x6 matrix may be used for converting 3-valued colors for a 6-primary display (paragraph [0046]; Figure 5, wherein it is depicted that a X by Y matrix is used, wherein X is the total number of a quantity of the first color bands (i.e. source color bands, which is equal to 3 color bands in Granneman) and Y is the quantity of target color bands (i.e. target color bands, which is equal to 3 target color bands in Granneman; note that in Granneman, the color conversion function would hence be a 3x3 matrix as the RGB color space is converted to a different RGB color space).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have each color conversion function of the above combined references be a 3x3 matrix, as taught by Higgins, in order to effectively provide multiple primary color conversions (paragraph [0038]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-6 and 8 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. Dimitriadis et al. has been introduced to teach that the at least three first color bands [of the first imaged spectrum captured by a white-light color camera] and the at least three second color bands [of the second imaged spectrum captured by a fluorescence-light color image] are complementary to each other.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798
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