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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to parent Application No. EP23215211.6, filed on 8 December 2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5 December 2024 & 25 February 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second bandpass filter must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The arrangement of the first and second bandpass filters must be shown to understand how they interact with the reflected signal.
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 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) 1-3, 7-8, & 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakao et la (US PGPUB 20170188853; hereinafter "Nakao").
With regards to Claim 1, a device for analyzing a speckle pattern from biological tissue (fluid analysis device 1 for blood flow analysis; see Nakao ¶ [0041]), the device comprising:
a light source configured to generate light for illuminating the biological tissue (coherent light irradiation unit 2; see Nakao ¶ [0043]), such that the light is scattered by the biological tissue and forms the speckle pattern (acquiring speckle data from the light reflected from fluid X; see Nakao ¶ [0043]);
a Fourier transform element configured to collect the light scattered by the biological tissue and to transform the collected light into a spatial Fourier domain at a Fourier plane of the Fourier transform element (first lens 31 of optical system 3 focuses light reflected from the fluid X on a Fourier surface; see Nakao ¶ [0046]; it should be appreciated that the existence of a Fourier surface by definition establishes a prior Fourier transformation indicating that first lens 31 is a Fourier lens because there are no other imaging elements between the fluid X and first lens 31);
a spatial bandpass filter arranged at the Fourier plane, the spatial bandpass filter being configured to selectively transmit light at a spatial position of the Fourier plane, the spatial position corresponding to a band of speckle sizes of the speckle pattern (a spatial optical modulator 34 {i.e. spatial bandpass filter}, arranged on the Fourier surface, that has an adjustable opening diameter to modulate speckle contrast by adjust the size of the opening of the modulator 34; see Nakao ¶ [0047-0048]; wherein the modulator 34 includes liquid crystal transmission-type spatial optical modulator, a particle shape to a stripe shape is obtained while the aperture of the spatial optical modulator is controlled indicates spatial filtering; see Nakao ¶ [0163]);
a photosensitive detector configured to detect the light transmitted though the bandpass filter (imaging element 41; see Nakao ¶ [0046]), wherein a signal output from the photosensitive detector comprises information on contrast of the speckle pattern (control unit 5 controls can generate date of the speckle contrast for each numerical aperture; see Nakao ¶ [0053]).
Claim 15 recites similar limitations and are rejected under the same rationale as Claim 1.
With regards to Claim 21, wherein the Fourier transform element comprises a lens (lens 31 and 33 are spherical planoconvex quartz lenses; see Nakao ¶ [0155]).
With regards to Claim 32, wherein the lens is a positive, spherical, plano-convex lens (lens 31 and 33 are spherical planoconvex quartz lenses; see Nakao ¶ [0155]).
With regards to Claim 71, wherein the spatial bandpass filter is a dynamic bandpass filter configured to selectively transmit light at a variable spatial position of the Fourier plane (a spatial optical modulator 34 has an adjustable opening, i.e. dynamic bandpass filter; see Nakao ¶ [0047-0048]).
With regards to Claim 87, wherein the spatial bandpass filter comprises one of a dynamically translucent screen, a spatial light modulator, or a micro-electro-mechanical system (MEMS) mirror (wherein the modulator 34 includes liquid crystal transmission-type spatial optical modulator {i.e. spatial light modulator}; a particle shape to a stripe shape is obtained while the aperture of the spatial optical modulator is controlled indicates spatial filtering; see Nakao ¶ [0163]).
With regards to Claim 101, wherein the device is configured for remote sensing and is configured to illuminate the biological tissue (an endoscope 130 having an endoscope body 134 which includes the lighting optical system 136 to illuminate the human body which include, e.g., optical fibers; see Nakao ¶ [0093]) and to collect the light scattered by the biological tissue (the endoscope body 134 also includes the optical forming system 3 and imaging element 41; see Nakao ¶ [0094]) from a distance to the biological tissue in the interval of 0.1 m to 2 m (it is well known in the art that endoscopes can range from 30cm to 5m depending on the application, i.e. anatomy of interest).
With regards to Claim 111, wherein the signal output from the photosensitive detector further comprises information on an amount of speckles of the speckle pattern (image forming optical system 3 may adjust the numerical aperture based on the granularity or the stripe density of the speckle image; the image forming optical system 3 can adjust the numerical aperture so that the granularity of the speckle image becomes greater.; see Nakao ¶ [0082]).
With regards to Claim 121, wherein the signal output from the photosensitive detector further comprises information on variations of the contrast of the speckle pattern over time (the speckle contrast is calculated in the method above with reference to Expression (9). Particularly, the speckle contrast for each size of the aperture can be obtained by obtaining a standard deviation sigma and an average <I> from the frequency distribution of the luminance gradation obtained by subtracting a value corresponding to a dark current for each pixel with respect to the area in which the illuminance near the center of the channel image is even; see Nakao ¶ [0159]; since the speckle contrast cannot be obtained for each aperture simultaneously, it is obtained subsequently, i.e. over time).
With regards to Claim 131, wherein the light source is configured to generate light being at least partially coherent (FIG. 8 of Nakao illustrates a coherent light source 2 combined with an incoherent light source 6, i.e. partially coherent light source).
With regards to Claim 141, wherein the light source is configured to generate light of at least two wavelengths (wherein the incoherent light source is a Xe lamp capable outputting visible light {i.e. multiple wavelengths} and the coherent source is near infrared laser beam; see Nakao ¶ [0085-0086]).
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 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nakao.
With regards to Claim 91, while Nakao discloses wherein the spatial bandpass filter is a first bandpass filter (a spatial optical modulator 34 has an adjustable opening, i.e. dynamic bandpass filter; see Nakao ¶ [0047-0048]), it appears that Nakao may be silent to and wherein the device further comprises at least a second bandpass filter. However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Nakao to provide at least a second bandpass filter. Doing so would amount to a duplication of parts because the result would not establish a new and unexpected results because the result would be imaging two location concurrently.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nakao in further view of Nolte (US PGPUB 20130088568).
With regards to Claim 51, While Nakao teaches of an iris diaphragm 32 having an adjustable diameter {i.e. an annular dynamic spatial bandpass filter } as the optical modulating element instead of the spatial optical modulator 34 (see Nakao ¶ [0046-0048]), it appears that that Nakao may be silent to a static bandpass filter
With regards to Claim 51, Nakao teaches of wherein the spatial bandpass filter is a annular dynamic bandpass filter configured to selectively transmit light at a predefined spatial position of the Fourier plane (an iris diaphragm 32 having an adjustable diameter {i.e. an annular dynamic spatial bandpass filter} as the optical modulating element instead of the spatial optical modulator 34 (see Nakao ¶ [0046-0048]). Nakao may be silent to a static bandpass filter. However, Nolte teaches of speckle fluctuation spectroscopy of intra-cellular motion in living tissue using coherence-domain digital holography of blood (see Nolte ¶ [0019 & 0108]). In particular, Nolte teaches of a static bandpass filter (opaque aperture mask 174; see Nolte ¶ [0095] & FIG. 17).
Nakao and Nolte are both considered to be analogous to the claimed invention because they are in the same field of speckle pattern imaging of the blood. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Nakao to incorporate the above teachings of Nolte to provide at least opaque aperture mask. Doing so would aid in reducing complexity because an opaque mask is less complicated than a spatial optical modulator due lack of control scheme.
Claim 6 recite similar limitations and are rejected under the same rationale as Claim 6 the annular dynamic diaphragm 32 having an iris arrangement is annular.
Allowable Subject Matter
Claim 4 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art Nakao and Nolte teach of Fourier collecting lens, i.e. lens that Fourier transform the reflected signal. However, neither teach or suggest of alternative embodiments of said lens. Therefore, neither Nakao nor Nolte can teach of the limitations of Claim 4
Lipinski et al. (WO2024123615A1) also teaches of speckle contrast imaging blood vessels (see Lipinski et al. ¶ [0007]). Similarly to Nakao and Nolte, Lipinski et al. teaches of a plurality of Fourier transform lenses (see Lipinksi et al. ¶ [00]), but does not teach of any alternative.
Masumura (US PGPUB 20160338592) teaches of calculating the speckle contrast of a blood vessel (see Masumura ¶ [0030]). However, Masumura teaches of a spatial light modulator (SLM) 320 for modulating the phase of the incident light and not the light reflected form the target (see Masumura FIG. 3 & ¶ [0027]).
Nakao et al. (US PGPUB 20190293554) teaches of calculating speckle contrast of blood flow or blood vessel (see Nakao et al. ¶ [0097]). However, Nakao et al. teaches of using an SLM to generate hologram pattern via a Fourier transform which is also projected onto the object and not reflected from the object as claimed (see Nakao et al. ¶ [0107]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Li et al. (CN 111012325 A)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHISH S. JASANI whose telephone number is (571) 272-6402. The examiner can normally be reached M-F 9:00 am - 5:00 pm (CST).
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/ASHISH S. JASANI/Examiner, Art Unit 3798
/KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798
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