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 .
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 1-17 are 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. Claim 1 partially recites, “…wherein the control unit is configured to control the adjustment device and is connected to this”, and it is unclear to the Examiner as to which element the limitation “this” is referring to. Claims 2-17 are also rejected because of their dependency on claim 1.
Claim 20 is 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. Claim 20 partially recites, “…wherein the control unit is configured to control the adjustment device and is connected to this”, and it is unclear to the Examiner as to which element the limitation “this” is referring to.
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.
Claim(s) 1-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mayer (US Pub. No. 2022/0303506).
Regarding claims 1-16, Mayer teaches an examination device for optical medical examinations comprising a camera unit (1) for taking at least one image of an examination region of a patient, a display device (5a) and a control unit (4),
wherein the camera unit comprises a sensor element (1a), a lens (2a-2b) and an adjustment device (3) for the lens, wherein the lens is located in an observation light path of the camera unit in front of the sensor element,
wherein the adjustment device is configured to move the lens along an optical axis of the lens into different positions in order to bring into focus different examination planes in the examination region (para. 55),
wherein the control unit is configured to control the adjustment device and is connected to this, and information on two or more predefined examination planes in the examination region is stored in the control unit with related positions of the lens (para. 13), and
wherein the display device is configured to show a representation of at least one image taken by the camera unit;
wherein the examination device is a dermatoscope (para. 48) [claim 2];
wherein the examination region is a skin region of the patient (para. 10) [claim 3];
wherein the information on the examination planes contains information on at least one of a skin type, a body part, a type of the skin region, a type of suspected lesion, and a position of the skin region to be examined (para. 22) [claim 4];
wherein the examination device comprises a user interface with which at least one of the skin type, the body part to be examined, the type of the skin region, the type of the suspected lesion and the position of the skin region to be examined is selectable, and the predefined examination planes are selected depending on at least one of said selected at least one skin type, the body part to be examined, the type of the skin region, the type of the suspected lesion and the position of the skin region to be examined (para. 21) [claim 5];
wherein the examination device is configured to at least one of recognise and select at least one of the skin type, the body part to be examined, the type of the skin region, the type of the suspected lesion and the position of the skin region to be examined (para. 64) [claim 6];
wherein the examination device is configured to at least one of recognise and select the at least one of the skin type, the body part to be examined, the type of skin region, the type of suspected lesion and the position of the skin region to be examined by means of an image taken by the camera unit or an image taken by a second camera unit of the examination device (para. 61-62) [claim 7];
wherein at least one of said at least one skin type is given by the body part, the tupe of the skin region and the position of the skin region on the patient (para. 64-66) [claim 8].
wherein the adjustment device is an actuator, wherein the actuator is a stepper motor or a voice-coil motor (para. 55) [claims 9-10];
wherein the examination device comprises a user interface, with which one of the predefined examination planes is selectable, and the control unit is configured to move the lens into the position associated with the selected examination plane (para. 21) [claim 11];
wherein only such predefined examination planes are at least one of offered and selectable for selection via the user interface, which are allocated to at least one of skin type, body part, type of suspected lesion, type of a skin region and position of a skin region previously selected to be examined (para. 21-22) [claim 12];
wherein the user interface comprises at least one of at least one button and a touch-sensitive display (para. 19) [claim 13];
wherein the display device is configured to show a representation of the at least one image taken by the camera unit as a live representation (para. 22) [claim 14];
wherein the examination device comprises a user interface, by means of which the position of the adjustment device is settable in such a way that the position of the adjustment device is changed from a current position by a predefined value or a multiple of the predefined value (para. 21) [claim 15]; and
wherein the position of the adjustment device is manually continuously adjustable via a user interface (para. 55) [claim 16].
Regarding claims 18-20, Mayer teaches a method for capturing an image of an examination region by means of an examination device comprising:
selecting an examination plane; adjusting a lens of a camera unit of the examination device to a position allocated to the selected examination plane, taking at least one image by means of a sensor element of the camera unit (para. 21);
wherein the examination plane is selected by a user or by the examination device (para. 21) [claim 19]; and
wherein the examination device comprises the camera unit (1) for taking the at least one image of the examination region of a patient, a display device (5a) and a control unit (4),
wherein the camera unit comprises the sensor element, the lens (2a-2b) and an adjustment device (3) for the lens, wherein the lens is located in an observation light path of the camera unit in front of the sensor element, wherein the adjustment device is configured to move the lens along an optical axis of the lens into different positions in order to bring into focus different examination planes in the examination region, wherein the control unit is configured to control the adjustment device and is connected to this, and information on two or more predefined examination planes in the examination region is stored in the control unit with related positions of the lens, and wherein the display device is configured to show a representation of at least one image taken by the camera unit (para. 55) [claim 20].
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mayer in view of Kimpe et al. (US 2019/0387958).
Regarding claim 17, Mayer teaches all the claimed limitations except for the control unit is configured at least one of determine said two or more positions using autofocusing in a calibration mode, in which the examination device is place on a reference surface. Kimpe teaches an examination device comprising a control unit is configured at least one of determine said two or more positions using autofocusing in a calibration mode, in which the examination device is place on a reference surface (para. 15). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a control unit having a calibration mode as taught by Kimpe within Mayer’s examination device in order to facilitate an adjustment/calibration of the camera unit in the examination device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH Q PHAN whose telephone number is (571)270-3898. The examiner can normally be reached Mon-Fri 9am-5pm.
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, Stephanie Bloss can be reached at 571-272-3555. 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.
MINH Q. PHAN
Primary Examiner
Art Unit 2852
/MINH Q PHAN/Primary Examiner, Art Unit 2852
Prosecution Insights