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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 35-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-9 of U.S. Patent No. 12144586 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the instant application is covered by the subject matter of U.S. Patent No. 12144586 B2.
Instant Application No. 18/950,002
U.S. Patent No.
Claim 35. A skin analysis method comprising: obtaining a plurality of images of an area of skin, each having been captured through a detection polarization and with illumination of a source polarization, the detection and source polarizations having respective orientations defining a polarization angle therebetween, the polarization angle being different for each of the plurality of images; processing at least two of the plurality of images to generate a further image or further information derived from the at least two images, including; determining a relative depth of the at least two images based on the polarization angles with which the images were captured.
6. A skin analysis apparatus comprising: circuitry configured to: obtain at least three images from at least three respective depths of an area of skin, at least two of the depths being below a surface of the area of skin, each image having been captured through a detection polarization and with illumination of a source polarization, the detection and source polarizations having respective orientations defining a polarization angle therebetween, the polarization angle being different for each of the at least three images; process the at least three images to generate at least one further image or further information derived from the at least three images; and determining a relative depth of at least two of the images based on the polarization angles with which the images were captured and based on skin type.
Claim 36 of the instant application corresponds to claim 7 of U.S. Patent No. 12,144,586 B2.
Claim 37 of the instant application corresponds to claim 8 of U.S. Patent No. 12,144,586 B2.
Claim 38 of the instant application corresponds to claim 9 of U.S. Patent No. 12,144,586 B2.
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.
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.
Claim(s) 21-25, 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patwardhan et al., (U.S. Pub. No. 2014/0243685 A1) in view of Fukazawa et al.,. (U.S. Pub. No. 2021/0271061 A1).
As per claim 21, Patwardhan teaches a skin imaging apparatus comprising: an optical opening (fig. 1A-1B, 2A-2D, 3A-5D, 8A-10), a plurality of light sources including three or more groups of light sources arranged about the optical opening (at least fig. 5A-5B; [0030], “.. Figs. 5A-5B show isometric and plan views respectively of an illumination and polarization sub-assembly 510 which is located in the head 110 of the device 100. Sub-assembly 510 includes a plurality of illumination sources, such as light emitting diodes (LEDs) arranged about a central opening …”) a detection polarizer for polarizing light passing through the optical opening with a first orientation of polarization (at least fig. 5A-5B; [0034]; “.. Sub-assembly 510 also includes a viewing polarizer 530 arranged generally coaxially with the central opening of the sub-assembly so that light passing though the central opening is polarized”). Although Patwardhan discloses a source polarizer to polarize light emitted from each group of light sources with a respective orientation of polarization (figs. 5A-5D el. 520; 9A-9B el. 820 and [0031], [0035-0037]), Patwardhan does not explicitly disclose a plurality of source polarizers having three or more orientations of polarization and configured to polarize light emitted from each of the groups of light sources with a respective orientation of polarization, the three or more orientations of polarization respectively defining three or more angles with the first orientation.
However, Fukazawa teaches a plurality of source polarizers having three or more orientations of polarization (fig. 1 el. 25, “lighting polarizers” 25a-25d and [0086-0089]; … “) and configured to polarize light emitted from each of the groups of light sources with a respective orientation of polarization (fig. 1 and [0087-0090]), the three or more orientations of polarization respectively defining three or more angles with the first orientation (fig. 1 and [0042], [0088-0091]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fukazawa with Patwardhan for the benefit to sufficiently assist biological tissue observation, [0051].
As per claim 22, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 21. Patwardhan does not explicitly disclose wherein the three or more angles includes at least one angle other than 0, 45, or 90 degrees.
However, Fukazawa teaches wherein the three or more angles includes at least one angle other than 0, 45, or 90 degrees (fig. 1 el. 25a-25d and [0087-0088]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fukazawa with Patwardhan for the benefit to sufficiently assist biological tissue observation, [0051].
As per claim 23, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 21. In addition, Patwardhan teaches wherein: the plurality of light sources includes an additional group of light sources (fig. 5A-5D el. 552.1-552.4), and none of the plurality of source polarizers is configured to polarize light emitted from the additional group of light sources (figs. 5A-5D and [0031-0038] “.. sub-assembly 510 includes an illumination polarizer 520 configured so that light emitted from the LED groups 551.1-551.4 pass thought the illumination polarizer 520 whereas light emitted from the LED groups 552.1-552.4 does not pass through the illumination polarizer).
However, Fukazawa teaches wherein the three or more angles include at least one angle other than 0, 45, or 90 degrees (see at least fig. 1 el. 25 (25a-25d) and [0090-0091]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fukazawa with Patwardhan for the benefit to sufficiently assist biological tissue observation, [0051].
As per claim 24, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 23. In addition, Patwardhan teaches wherein the light emitted from the additional group of light sources has a lower intensity than light emitted from the other groups of light sources ([0038], “… as it may be desirable to provide a more intense polarized illumination than an unpolarized illumination., there may be more groups 551 than groups 552 and/or the number of LEDs in each group 551 may be greater than in each group 552. Moreover, the LEDs in the group 551 may be selected and/or driven to deliver a more intense illumination than those in groups 552).
As per claim 25, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 21. In addition, Patwardhan teaches wherein the light sources of the same group are evenly distributed about the optical opening (see at least fig. 5B-5F and 9A-10 and [0030], [0049-0051]; “… there are 24 LEDs arranged in four groups 551 of four LEDs each and in four groups 552 of two LEDs each”).
As per claim 27, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 21. In addition, Patwardhan teaches an image capture device configured to capture an image through the optical opening (abstract, [0005], [0023], figs. 1A-2D, 3A-3D, 6A-7B, 11 and at least claim 7).
As per claim 28, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 21. In addition, Patwardhan teaches wherein the a number of source polarizers is the same as a number of orientations of polarizations (figs. 1A-2D, 3, Patwardhan discloses a source polarizer with one orientation).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patwardhan et al., (U.S. Pub. No. 2014/023685 A1) in view of Fukazawa et al., (U.S. Pub. No. 2021/0271061 A1) and further in view of Park et al., (U.S. Pub. No. 2019/0343450 A1).
As per claim 26, Patwardhan (modified by Fukazawa) as a whole teaches everything as claimed above, see claim 21. In addition, Patwardhan teaches circuitry configured to activate one group of light sources at a time ([0032], “… the LEDs can be energized in any suitable combination, including individually or in various groupings. In exemplary embodiments, the LED groups 551 and the LED 552 can be energized independently of each other”). Although, Patwardhan discloses whereby the apparatus is configured to image the skin with the activated group of lights ([0002], [0020], [0037]), Patwardhan does not explicitly disclose whereby the apparatus is configured to image the skin at three or more respective depths in accordance with the activated group of light sources.
However, Park teaches the apparatus is configured to image the skin at three or more respective depths in accordance with the activated group of light sources ([0022], [0024-0025], [0097-0098], [0180-0184] and at least figs. 10-13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Park with Patwardhan (modified by Fukazawa) for the benefit of providing skin state measuring apparatus using a multi-wavelength light source according to the embodiments of the present disclosure renders the color, size, and shape of an object under measurement as an image by synthesizing images captured on the skin surface and at different depths into the skin through multi-wavelength light. Therefore, the skin can be diagnosed by comparing the state of the skin with samples related to diseases, thereby increasing use convenience, [0026].
Claim(s) 29-31, 33-34, is/are rejected under 35 U.S.C. 103 as being unpatentable over Patwardhan et al., (U.S. Pub. No. 2014/0243685 A1) and further in view or Mullani et al., (U.S. Pub. No. 2004/0174525 A1).
As per claim 29, Patwardhan teaches a skin imagining apparatus comprising: an optical opening (fig. 1A-1B, 2A-2D, 3A-5D, 8A-10); a plurality of light sources arranged about the optical opening (at least fig. 5A-5B; [0030], “.. Figs. 5A-5B show isometric and plan views respectively of an illumination and polarization sub-assembly 510 which is located in the head 110 of the device 100. Sub-assembly 510 includes a plurality of illumination sources, such as light emitting diodes (LEDs) arranged about a central opening …”); a detection polarizer for polarizing light passing through the optical opening (at least fig. 5A-5B; [0034]; “.. Sub-assembly 510 also includes a viewing polarizer 530 arranged generally coaxially with the central opening of the sub-assembly so that light passing though the central opening is polarized”); and a source polarizer for polarizing light emitted from at least one of the plurality of light sources (figs. 5A-5D el. 520; 9A-9B el. 820 and [0031], [0035-0037]; “… Sub-assembly 510 includes an illumination polarizer 520 configured so that light emitted from the LED groups 551.1-551.4 passes through the illumination polarizer 520”). Although Patwardhan discloses illumination polarizer 520 and viewing polarizing 530 are arranged so that their polarization orientation are different, [0035], Patwardhan does not explicitly disclose wherein the detection and source polarizers can be rotated relative to each other so as to vary an angle between an orientation of polarization of the detection polarizer and an orientation of polarization of the source polarizer.
However, Mullani teaches wherein the detection and source polarizers can be rotated relative to each other so as to vary an angle between an orientation of polarization of the detection polarizer and an orientation of polarization of the source polarizer (abstract, [0016]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Mullani with Patwardhan for the benefit of providing an improved apparatus for illuminating the skin for medical examination by providing cross-polarized and parallel-polarized light to aid in viewing internal structures as well as the skin surface.
As per claim 30, Patwardhan (modified by Mullani) as a whole teaches everything as claimed above, see claim 29. In addition, Patwardhan teaches an image capture device configured to capture an image through the optical opening (abstract, [0005], [0023], figs. 1A-2D, 3A-3D, 6A-7B, 11 and at least claim 7).
As per claim 31, Patwardhan (modified by Mullani) as a whole teaches everything as claimed above, see claim 29. In addition, Patwardhan teaches wherein the angle can be varied between 0 and 90 degrees ([0035], “.. illumination polarizer 520 and viewing polarizer 530 are arranged so that their polarization orientation are different. In exemplary embodiments, said orientations are orthogonal”).
As per claim 33, Patwardhan (modified by Mullani) as a whole teaches everything as claimed above, see claim 29. Patwardhan does not explicitly disclose circuity to control at least one of the orientation of polarization of the detection polarizer or the orientation of polarization of the source polarizer.
However, Mullani teaches circuitry to control at least one of the orientation of polarization of the detector polarizer or the orientation of polarization of the source polarizer ([0016], [0019], [0020]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Mullani with Patwardhan for the benefit of providing an improved apparatus for illuminating the skin for medical examination by providing cross-polarized and parallel-polarized light to aid in viewing internal structures as well as the skin surface.
As per claim 34, which is the corresponding skin analysis system with the limitations of the apparatus as recited in claim 29, thus the rejection and analysis made for claim 29 also applies here.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patwardhan et al., (U.S. Pub. No.2014/0243685 A1) in view of Mullani et al., (U.S. Pub. No. 2004/0174525 A1) and further in view of Sambongi et al., (U.S. Pub. No. 2021/0150744 A1 ).
As per claim 32, Patwardhan (modified by Mullani) as a whole teaches everything as claimed above, see claim 29. Patwardhan does not explicitly disclose circuitry configured to determine the angle and provide an indication of the angle.
However, Sambongi teaches circuitry configured to determine the angle and provide an indication of the angle (fig. 6 and [0032], [0048-0050]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Sambongi with Patwardhan (modified by Mullani) for the benefit of providing improved image systems.
Claim(s) 35-37 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patwardhan et al., (U.S. Pub. No. 2014/0243685 A1) in view of Kanamori et al., (U.S. Pub. No. 20190266399 A1).
As per claim 35 Patwardhan teaches a skin analysis method comprising: obtaining a plurality of image of an area of skin ([0003], [0023], [0042]; “… some dermatopscopes can be attached to a camera, thereby allowing the capture of images through the dermatoscope”), each image having been captured through a detection polarization and with illumination of a source polarization (figs. 2A-3E, 6A-7B; abstract, [0003], [0005], [0022-0023]), the detection and source polarizations having respective orientations defining a polarization angle therebetween ([0035], [0054], [0057] “… illumination polarizer 820 and viewing polarizer 830 are arranged so that their polarization orientations are different. In exemplary embodiments, said orientations are generally orthogonal. ). Patwardhan does not explicitly disclose the polarization angle being different for each of the plurality of images; and processing at least two of the plurality of images to generate a further image or further information derived from the at least two images, including: determining a relative depth of the at least two images based on the polarization angles with which the images where captured.
However, Kanamori teaches the polarization angle being different for each of the plurality of images (see at least fig. 6, figs. 8-9 and [0046], [0060], [0092], [0135]); and processing at least two of the plurality of images to generate a further image or further information derived from the at least two images, including: determining a relative depth of the at least two images based on the polarized angles with which the images were captured (fig. 9 el. S4 and [0136-0137]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Kanamori with Patwardhan in order provide improved image processing and quality of imaging an area under observation.
As per claim 36, Patwardhan (modified by Kanamori) as a whole teaches everything as claimed above, see claim 35. In addition, Patwardhan teaches wherein obtaining the plurality of images include: illuminating the skin with the illumination having the source illumination (abstract, [0003-0005], [0022-0023] and at least figs. 1A-2D; 3A-3C, 4A-4B; 6A-7B), capturing each of the images through the detection polarization (abstract, [0003-0005], [0022-0023] and at least figs. 1A-2D; 3A-3C, 4A-4B; 6A-7B). Patwardhan does not explicitly disclose changing at least one of the source polarization orientation or the detection polarization between capturing each image.
However, Kanamori teaches changing at least one of the source polarization orientation or the detection polarization orientation between capturing each image (see figs. 3-4B and [0095-0103]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Kanamori with Patwardhan in order provide improved image processing and quality of imaging an area under observation.
As per claim 37, Patwardhan (modified by Kanamori ) as a whole teaches everything as claimed above, see claim 35. Although, Patwardhan discloses the mobile computing device can wirelessly and/or through a wired interface transfer the captured images and associated patient or other data to a central database. It can also communicate with other processing elements via the cloud for processing/analyzing the captured images, receive the processed images/analysis results and display them to the user and/or locally store this information ([0063]) which suggest processing the captured images, Patwardhan does not explicitly disclose wherein processing the at least two of the plurality of images includes generating an image indicating one or more features in at least one of the plurality of images.
However, Kanamori teaches wherein processing the at least two of the plurality of images includes generating an image indicating one or more features in at least one of the plurality of images (see fig. 8 and [0132]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Kanamori with Patwardhan in order provide improved image processing and quality of imaging an area under observation.
As per claim 39, which is the corresponding non-transitory computer-readable medium with the limitations of the skin analysis method as recited in claim 35, thus the rejection and analysis made for claim 35 also applies here.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patwardhan et al., (U.S. Pub. No. 2014/0243685 A1) in view of Kanamori et al., (U.S. Pub. No. 2019/0266399 A1) and further in view of Park et al., (U.S. Pub. No. 2019/0343450 A1).
As per claim 38, Patwardhan (modified by Kanamori) as a whole teaches everything as claimed above, see claim 35. Patwardhan does not explicitly disclose wherein processing the at least two of the plurality of images includes generating a three-dimensional image.
However, Park teaches wherein processing the at least two of the plurality of images includes generating a three-dimensional image (fig. 12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Park with Patwardhan (modified by Kanamori) for the benefit of providing improved and more accurate diagnosing skin diseases such as nevus, tumors, leukoplakia, melanoma, and wound as well as measuring a skin state for esthetic purposes, such as hair roots, pigmentation, sebum, and blackheads.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Patwardhan et al., (U.S. Pub. No. 20190340774-A1)
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA PRINCE whose telephone number is (571)270-1821. The examiner can normally be reached M-F 7:30-3:30 P.M..
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JESSICA PRINCE
Examiner
Art Unit 2486
/JESSICA M PRINCE/ Primary Examiner, Art Unit 2486