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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) and under 35 U.S.C. 365(c) is acknowledged.
Election/Restrictions
Applicant’s election without traverse of Group I camera assembly in the reply filed on November 10, 2025 is acknowledged. Applicant indicated claims 1-10 are part of Group I. However, claim 10 is part of the non-elected group II that is directed towards the surgical robot. Claim 10 as amended is still directed towards Group II even though it has been amended to include a linking claim. As such, examiner withdraws claim 10 as being directed towards a non-elected invention. Examiner will consider claim 10 for rejoinder upon indication of an allowable linking claim (claim 1 in this instance). The restriction requirement is made final.
Claim Objections
Claim 3 is objected to because of the following informalities: In Claim 3, “light form the laser pass” should be “light from the laser to pass”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 20240280490 to Perry.
Regarding Claim 1, Perry teaches a camera assembly configured for simultaneous multispectral imaging (Figure 4; Abstract, simultaneous near-infrared and visible light imaging), comprising:
a first lens assembly (lens 11a, Figure 4);
a second lens assembly (lens 11b, Figure 4;
a first plurality of light emitting diodes (LEDs) configured to emit light in a first wavelength range (fluorescent wavelength LEDs, par. 0258);
a second plurality of LEDs configured to emit light in a second wavelength range (broadband wavelength LEDs, par. 0258);
a plurality of LED bandpass filters, a respective one of the plurality of LED bandpass filters situated in front of each of the second plurality of LEDs to filter light emitted therefrom (the light sources have bandpass filters, par. 0319);
a plurality of image sensors, a first of the plurality of image sensors positioned behind the first lens assembly to capture light therefrom (visible camera 10a, Figure 4), and a second of the plurality of image sensors positioned behind the second lens assembly to capture light therefrom (NIR camera 10b, Figure 4);
and
a circuit board electronically coupled to the first and second plurality of LEDs, and the plurality of image sensors, the circuit board configured to strobe the plurality of LEDs such that each of the plurality of image sensors captures multiple spectrums of light simultaneously (strobing is provided by a controller, par. 0301; par. 0305 and Figure 9 show the schema for strobing the light sources and detection of simultaneous images/spectra).
In a separate embodiment of Perry, Perry further teaches a notch filter situated between a respective one of the plurality of image sensors and either the first lens assembly, each notch filter configured to filter out light in a selected wavelength range transmitted by the respective lens assembly (Figure 18, notch filter 25, par. 0173). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to provide a notch filter like the one in Figure 18 embodiment of Perry in the Figure 4 embodiment of Perry positioned between the lens and camera, since Perry teaches the filters can be in any order (par. 0173) and provide only expected results of blocking certain wavelengths of light (par. 0174).
Regarding Claim 2, Perry further teaches a laser (12, Figure 4).
Regarding Claim 3, Perry further teaches a laser bandpass filter situated adjacent to the laser to allow a selected wavelength band of light from the laser to pass therethrough (bandpass filter 16, Figure 4; par. 0157).
Regarding Claim 4, Perry further teaches wherein the first plurality of LEDs is configured to emit light in a range from 400 nm to 700 nm (light within a visible range, par. 0218) and the second plurality of LEDs is configured to emit light in a range from 800 nm to 820 nm (light within an infrared range, par. 0218).
Regarding Claim 5, Perry further teaches a third plurality of LEDs configured to emit light in a range from 475 nm to 505 nm (a wide variety of wavelengths can be selected, including those within 475-505 nm, par. 0011; multiple LEDs are used as part of the broadband light source, par. 0014).
Regarding Claim 6, Perry further teaches wherein at least one of the plurality of LED bandpass filters is configured to block all light except at a wavelength around 490 nm (par. 0157, the passband is 400-742 nm to transmit light in the visible range, which is considered “around 490 nm”).
Regarding Claim 7, Perry further teaches wherein the second plurality of LEDs is configured to excite a dye in biological tissue (NIR wavelengths are used for the second light source as the excitation light, par. 0157; par. 0221, 0233).
Regarding Claim 8, Perry further teaches wherein the dye is fluorescein dye (par. 0221, 0233).
Regarding Claim 9, Perry further teaches wherein at least one of the plurality of LED bandpass filters is configured to allow passage of visible light (par. 0157, the passband is 400-742 nm to transmit light in the visible range).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200121174 and US 11596290 to Saito teach rolling shutter for detection of image data and strobing for multispectral image detection (see par. 0007 and Figure 2). US 20170014059 and US 10561350 to Koshiba teach rolling shutter schema for detection of image data and strobing for multispectral image detection (see Figures 10, 11, 16 in particular).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA MARIE HOFFA whose telephone number is (571)270-7408. The examiner can normally be reached Monday - Friday 9:30 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANGELA M. HOFFA
Primary Examiner
Art Unit 3799
/Angela M Hoffa/Primary Examiner, Art Unit 3799
Prosecution Insights