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 (IDS) submitted on 11/26/24 has been acknowledged and considered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-3, 7, 10-12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elmaanaoui et al (US 2020/0350846 hereinafter “Elmaanaoui”).
Regarding claims 1 and 10; Elmaanaoui discloses an optical system and method (1100 @ figure 1B) comprising:
an optical probe (1120 @ figure 1B) for measuring a sample (140 @ figure 1B); and
at least one motor (1202 @ figure 2 and paragraph [0048]: e.g., The spin motor 1202 can be a BLDC motor, a step motor, or any other type of suitable servo-motor capable of receiving a direction-based feedback signal) for manipulating the optical probe (1120 @ figure 1B and paragraph [0034]: e.g., The medical imaging system 1100 includes an imaging console 1110 and a mechanically rotated optical probe 1120 (e.g., endoscope or catheter)),
wherein the optical system (1100 @ figure 1B) comprises a circuit (1110, 1104 @ figure 1B and paragraph [0045]: e.g., The imaging console 1110 includes a data-processing computer configured to receive data representing energy (optical energy) delivered to and/or collected from the luminal sample 140. The patient unit interface (PIU) is configured to detachably connect the imaging probe 1120 to the imaging console 1110) in communication with the motor (1202 @ figure 2) of the patient unit interface PIU (1130 @ figures 1B and 2), such that the circuit (1110, 1140 @ figure 1B and 4) is configured to restrict movement of the motor (1430 @ figure 4 and paragraph [0053] and [0060]: e.g., a sensor (e.g., sensor 1220) monitors the rotational position of a motor 1430 (e.g., spin motor 1202 in FIG. 2) with respect to a given (set/reference) position. The sensor monitors rotational position by detecting its proximity to at least one of the two distinguishable regions (or markers) of the target. The sensor 1220 provides an output signal based on the actual (current) rotational position of the motor 1430 at a given time) upon a trigger. See figures 1-9
Regarding claims 2 and 11; Elmaanaoui discloses the circuit (1400 @ figure 4) is configured to detect motor speed and/or movement (paragraphs [0060] and [0045]: e.g., a sensor configured to detect a rotational position of the rotatable portion of the fiber optic rotary junction; and a controller configured to use the sensor signal to control the rotational direction of the motor to facilitate engagement and disengagement of the imaging probe 1120 to the PIU 1130).
Regarding claims 3 and 12; Elmaanaoui discloses the circuit (1110, 1400 @ figure 1B and 4) to detect motor speed is based on an encoder signal from the motor (1430 @ figure 4 and paragraph [0031]: e.g., the controller uses the first signal to rotate the motor in a clockwise direction and the second signal to rotate the motor is a counterclockwise direction. In other applications, the controller may use the first and second signals not only to change the direction of rotation, but also to change the direction and speed of rotation. It is noted here that, depending on the type of sensor used, the sensor 118 can be configured to actively detect its proximity to the target 116 and to emit a signal indicative of which one of the at least two distinguishable regions of the target is proximal to the sensor).
Regarding claims 7 and 16; Elmaanaoui discloses further comprising optical coherence tomography (paragraph [0046]: e.g., The imaging operation of the imaging system 1100 can be based on interferometric methods known as Optical Coherence Tomography (OCT)).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 4-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Elmaanaoui et al (US 2020/0350846 hereinafter “Elmaanaoui”) in view of Izatt et al (US 2003/0004412 hereinafter “Izatt”).
Regarding claim 4 and 13; Elmaanaoui discloses all of feature of claimed invention except for the circuit to detect motor speed is a frequency to voltage converter circuit based on a motor's encoder's index signal. However, Izatt teaches that it is known in the art to provide the circuit (48, 49 @ figure 8 and paragraph [0180]: e.g., Encoder 46 detects the rotating speed of rotary shaft 146. Drive current for motor 44 is controlled by rotary drive controller 48 so that the rotating speed may be a predetermined speed. Rotary shaft 146 thus rotates steadily at the predetermined speed. The rotation angle is detected by encoder 46, and sent, through rotary drive controller 48, to a circuit for signal 49) to detect motor speed is a frequency to voltage converter circuit (paragraph [0226]: e.g., The detected or calculated Doppler frequency is used directly, or by converting to a proportional voltage using a frequency-to-voltage converter, to tune the center frequency of the band-pass filter in real time. It is possible, thus, to minimize the inferior signal-to-noise ratio, due to the variation in Doppler frequency f) based on a motor's encoder's (44, 46 @ figure 8) index signal (49a, 49b, 49c @ figure 8). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine the optical system and method of Elmaanaoui with limitation above as taught Izatt for the purpose of improving optical quality of the rigid transparent material ensures the quality of the diffraction-limited focused light spot in the tissue and the re-coupling of image-bearing light back into the single mode fiber in the probe.
Regarding claims 5 and 14; Elmaanaoui discloses all of feature of claimed invention except for the circuit to detect motor movement is based on a two encoder channel inputs. However, Izatt teaches that it is known in the art to provide the circuit (48, 49 @ figure 8) to detect motor movement (44 @ figure 8) is based on a two encoder (46, 47 @ figure 8) channel inputs. It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine the optical system and method of Elmaanaoui with limitation above as taught Izatt for the purpose of improving optical quality of the rigid transparent material ensures the quality of the diffraction-limited focussed light spot in the tissue and the re-coupling of image-bearing light back into the single mode fiber in the probe.
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Elmaanaoui et al (US 2020/0350846 hereinafter “Elmaanaoui”) in view of Onimura et al (US 2018/0025481 hereinafter “Onimura”).
Regarding claims 6 and 15; Elmaanaoui discloses all of feature of claimed invention except for the circuit to detect motor movement is based on counting directional pulses of the motor. However, Onimura teaches that it is known in the art to provide the circuit (105, 208, 201 @ figure 2) to detect motor movement (paragraph [0046]: e.g., a drive signal is supplied to the radial scanning motor in order to rotate the third single mode fiber by using the optical rotary joint inside the motor drive unit 102, a signal is received from an encoder unit 242 in order to detect the rotation position of the radial motor, and a drive signal is supplied to a linear drive unit 243 in order to pull the third single mode fiber 274 at predetermined speed) is based on counting directional pulses of the motor (paragraph [0054]: e.g., in a case where the linear drive unit 243 is configured to include a pulse motor, the pull-back position is obtained by counting drive pulses supplied to the pulse motor of the linear drive unit 243). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine the optical system and method of Elmaanaoui with limitation above as taught Onimura for the purpose of enables a user to more accurately recognize an ablation state by using a tomographic image obtained using optical coherence tomography.
Claims 8-9 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Elmaanaoui et al (US 2020/0350846 hereinafter “Elmaanaoui”) in view of Yamaha (US 2019/0059734).
Regarding claims 8 and 17; Elmaanaoui discloses all of feature of claimed invention except for the circuit to detect motor speed and/or movement is triggered upon a predetermined threshold. However, Yamaha teaches that it is known in the art to provide the circuit (detector 122 @ figure 8 coupled to computer 190 @ figure 8) to detect motor speed and/or movement (520 @ figure 5A) is triggered upon a predetermined threshold (figures 4A-4C and paragraph [0048]: e.g., The signal of detector 122 is used as a trigger signal which is compared with a threshold. As shown in FIGS. 4A-4C, at a time t2, once the intensity of the backscattering signal reaches the predetermined threshold, the computer 190 automatically initiates pullback and image recording operations). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine the optical system and method of Elmaanaoui with limitation above as taught Yamaha for the purpose of improving to achieve high-speed acquisition in real-time.
Regarding claims 9 and 18; Elmaanaoui discloses all of feature of claimed invention except for the motor is restricted only when traveling in a forward direction with respect to the optical system. However, Yamaha teaches that it is known in the art to provide the motor (520 @ figure 5A) is restricted only when traveling in a forward direction with respect to the optical probe (300 @ figures 3A and 5A and paragraph [0050]) the optical system (100 @ figure 1). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine the optical system and method of Elmaanaoui with limitation above as taught Yamaha for the purpose of improving to achieve high-speed acquisition in real-time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Elmaanaoui (US 2022/0044428) discloses one or more optical apparatuses, systems, methods (for using and/or manufacturing) and storage mediums, such as, but not limited to, fiber optic catheters, endoscopes and/or optical coherence tomography (OCT) and/or fluorescence apparatuses and systems, and methods and storage mediums, for use with same, for image synchronization when obtaining image(s), such as with pullback mechanisms, for one or more imaging modalities, such as OCT or other (e.g., intravascular ultrasound (IVUS), other imaging modalities for image(s) or lumen image(s), etc.).
2) Yamaha (US 2020/0256661) discloses apparatus, methods and systems relating to fluorescence imaging, and more particularly, to reducing or eliminating light sensitive and insensitive background noise in fluorescence spectroscopy systems, as well as optical coherence tomography (OCT) systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG H NGUYEN whose telephone number is (571)272-2425. The examiner can normally be reached M-F.
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/SN/
July 1, 2026
/SANG H NGUYEN/ Primary Examiner, Art Unit 2877
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