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 filed 02/21/25 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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 (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 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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2013/0006116 A1).
With respect to claim 1, Kim discloses a system for analyzing a tissue, comprising: an excitation light unit configured to selectively produce a plurality of excitation lights (see Figures 3 and 4 showing excitation lights #2 - #5 and #2’-#7’ respectively), each said excitation light centered on a wavelength distinct from the centered wavelength of the other said excitation lights (see paragraph 0047 showing the different fluorescence excitation sources with different fluorescence excitation wavelengths considered as the claimed light centered on a wavelength distinct from the centered wavelength of the other), wherein the plurality of excitation lights includes a plurality of first excitation lights configured to produce an autofluorescence emission from one or more biomolecules of interest present within the tissue (see paragraph 0114), and a diffuse reflectance signal from the tissue (see paragraphs 0011 and 0047-0053), and a second excitation light is configured to produce a fluorescence emission from a fluorescent agent administered to the tissue (see paragraph 0131); a photodetector configured to detect the autofluorescence emission and the diffuse reflectance resulting from the plurality of first excitation lights directed to the tissue and produce first signals representative of the autofluorescence emission and the diffuse reflectance, and configured to detect the fluorescence emission signal resulting from the second excitation light directed to the tissue and produce second signals representative of the fluorescence emission (see detector #3 and #3’ in figures 3 and 4 respectively; see paragraph 0047); and a system controller in communication with the excitation light unit, the photodetector, and a non-transitory memory storing instructions, which instructions when executed cause the system controller to: control the excitation light unit to sequentially produce the first excitation light and the second excitation light (see paragraph 0053); receive and process the first signals to produce a first image representative of the first signals, and receive and process the second signals to produce a second image representative of the second signals (see paragraphs 0053 and 0111; see Figure 20 showing the images); and analyze the tissue using the first image and the second image to identify the presence of diseased tissue within the tissue (see paragraphs 0113-0115 and 0120-0124).
With respect to claim 3, Kim discloses a method of analyzing a tissue, comprising: administering a fluorescent agent to the tissue (see paragraph 0131); producing a first excitation lights (see Figures 3 and 4 showing excitation lights #2 - #5 and #2’-#7’ respectively) light centered on a first wavelength (see paragraph 0047 showing the different fluorescence excitation sources with different fluorescence excitation wavelengths considered as the claimed light centered on a wavelength distinct from the centered wavelength of the other), wherein the first excitation light is configured to produce an autofluorescence emission from one or more biomolecules of interest present within the tissue (see paragraph 0114), and a diffuse reflectance signal from the tissue (see paragraphs 0011 and 0047-0053); producing a second excitation light centered on a second wavelength, wherein the second excitation light is configured to produce a fluorescence emission from the fluorescent agent administered to the tissue (see paragraph 0131); using a photodetector to detect the autofluorescence emissions, the diffuse reflectance signals and produce first signals representative of the autofluorescence emission and the diffuse reflectance; using the photodetector to detect the fluorescence emissions and produce second signals representative of the fluorescence emission (see detector #3 and #3’ in figures 3 and 4 respectively; see paragraph 0047); producing a first image using the first signals; producing a second image using the second signals (see paragraphs 0053 and 0111; see Figure 20 showing the images); and analyzing the tissue using the first image and the second image to identify the presence of diseased tissue within the tissue (see paragraphs 0113-0115 and 0120-0124).
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art cited in the PTO 892 not relied upon discloses light devices that emit fluorescent light to produce images of a tissue.
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/DIXOMARA VARGAS/ Primary Examiner, Art Unit 3798