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 .
Drawings
The drawings are objected to because they fail to label the element boxes in Figures 1B, 2A and 3 Without some indication as to the content of the boxes (or preferably symbols of the actual elements) it is not clear as to what the elements are and they are not explanatory to a reader as a quick method of determining the general background of the invention. See MPEP 608.02 and 37 CFR 1.84 (o) -- Legends --
Suitable descriptive legends may be used, or may be required by the Examiner, where necessary for understanding of the drawing, subject to approval by the Office. They should contain as few words as possible.
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 1-5, and 9-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feingold et al. (US 2022/0210309 A1).
PNG
media_image1.png
753
559
media_image1.png
Greyscale
With respect to claim 1, Feingold discloses a method of imaging tissue of a subject using an imaging system (see Abstract and paragraph 0163) comprising an imager (see Figure 3 showing imager #302) , a liquid crystal light shutter configurable to be in an open state and a closed state (see Figure 3 showing shutter #312 wherein said shutter is a liquid crystal light shutter as defined in paragraphs 0151, 0216 and Abstract; the shutter configurable to be in an open state and a closed state according to paragraphs 0226, 0238 and Abstract), a fluorescence excitation illumination source (see paragraph 0160-0162), and a visible-light illumination source (see light generators #332 and #334 from light sources #330), the method comprising: transitioning the liquid crystal light shutter to the open state (see paragraphs 0226, 0238 and Abstract) to allow reflected light from illumination of the tissue of the subject with the visible-light illumination source to accumulate charge at a plurality of rows of pixels of the imager (see Abstract and paragraph 0148); transitioning the liquid crystal light shutter to the closed state to prevent the imager from receiving visible light; during a first readout period (see paragraph 0239), sequentially reading a first set of accumulated charge at the plurality of rows of pixels from a first row to a last row of the plurality of rows to produce a first set of imaging data; illuminating the tissue of the subject with the fluorescence excitation illumination source while the liquid crystal light shutter is in the closed state (see Abstract and paragraph 0148); during a second readout period after the first readout period, sequentially reading a second set of accumulated charge from the first row to the last row of the plurality of rows of pixels to produce a second set of imaging data; and generating one or more image frames based on the first set of imaging data and the second set of imaging data (see paragraphs 0183-0186).
With respect to claim 2, Feingold discloses transitioning the liquid crystal light shutter to the closed state to prevent the imager from receiving visible light comprises transitioning the liquid crystal light shutter to the closed state to prevent the imager from receiving ambient light (see paragraphs 0013 and 0151 discussing the elimination/prevention of the unintended /undesirable light impact considered as the claimed prevention from receiving ambient light where the undesirable light is the clamed ambient light).
With respect to claim 3, Feingold discloses the imager is a rolling shutter imager (see Abstract and paragraph 0147) and the visible-light illumination source is pulsed (see paragraphs 0153 and 0167), the method further comprising: illuminating the tissue of the subject with a primary visible-light illumination pulse (see paragraph 0168) of the pulsed visible-light illumination source while the liquid crystal light shutter is in the open state; and illuminating the tissue of the subject with one or more compensating visible-light illumination pulses of the pulsed visible-light illumination source after the primary visible-light illumination pulse of the pulsed visible-light illumination source and while the liquid crystal light shutter is in the closed state (see paragraphs 0240-0242).
With respect to claim 4, Feingold discloses the one or more image frames comprise a visible-light image frame based on the first set of imaging data and wherein the one or more image frames comprise a fluorescence image frame based on the second set of imaging data (see paragraph 0160-0162).
With respect to claim 5, Feingold discloses the one or more image frames comprise a blended image frame based on the fluorescence image frame and the visible-light image frame (see paragraphs 0033, 0078 and 0203-0204 discussing sequence of images updated sequence added, for example, as frames 1-3 for images formed by fluorescence and visible light according to paragraphs 0161-0162).
With respect to claim 9, Feingold discloses adding the one or more image frames to a video stream (Abstract and paragraphs 0015 and 0148).
With respect to claim 10, Feingold discloses the primary visible-light illumination pulse is a first primary visible-light illumination pulse, the method further comprising: during the second readout period, transitioning the liquid crystal light shutter to the open state to allow illumination of the tissue of the subject with a second primary visible-light illumination pulse of the pulsed visible-light illumination source to accumulate charge at the plurality of rows of pixels of the imager, wherein the second primary visible-light illumination pulse is immediately after the one or more compensating visible-light illumination pulses (see paragraphs 0183-0184 and 0203).
With respect to claim 11, Feingold discloses the first readout period and the second readout period form an image acquisition rotation, the method further comprising: performing one or more additional image acquisition rotations (see paragraph 0153 disclosing one or more frame considered as one or more images acquire).
With respect to claim 12, Feingold discloses the fluorescence excitation illumination source is continuously on during the image acquisition rotation (see Figure 10 showing the light event considered as the claimed excitation illumination in a continuous manner during the readout or period).
With respect to claim 13, Feingold discloses the fluorescence excitation illumination source is pulsed to reduce fluorescence intensity in the second set of imaging data (see paragraphs 0166-0168).
With respect to claim 14, Feingold discloses the fluorescence excitation illumination source is pulsed, and wherein the fluorescence excitation illumination source is configured to output a single fluorescence excitation illumination pulse during the image acquisition rotation to illuminate the tissue of the subject (see paragraphs 0166-0168).
With respect to claim 15, Feingold discloses the fluorescence excitation illumination source is pulsed, the method further comprising (see paragraphs 0166-0168): during a third readout period after the second readout period (see paragraph 0151 disclosing multiple periods), sequentially reading a third set of accumulated charge at the plurality of rows of pixels from the first row to the last row of the plurality of rows to produce a third set of imaging data (see paragraphs 0107 and 0119), wherein the pulsed fluorescence excitation illumination source is configured to output a single pulse spanning the second readout period during the first readout period, the second readout period, and the third readout period (see paragraphs 0166-0168).
With respect to claim 16, Feingold discloses the first readout period, the second readout period, and the third readout period form an image acquisition rotation, the method further comprising: performing one or more additional image acquisition rotations (see paragraph 0033 disclosing the acquisition of multiple images to form a sequence and hence performing multiple acquisition rotations).
With respect to claim 17, Feingold discloses the one or more image frames comprise a visible-light image frame based on the first set of imaging data and wherein the one or more image frames comprise a fluorescence image frame based on the second set of imaging data and the third set of imaging data (see paragraph 0160-0162).
With respect to claim 18, Feingold discloses adding an ambient readout period between the first readout period and the second readout period; and during the ambient readout period, sequentially reading a fourth set of accumulated charge at the plurality of rows of pixels from the first row to the last row of the plurality of rows to produce a set of ambient imaging data (see Figure 4A showing widow #404 between light events or periods 1 and 2 considered as the claimed the ambient light period in order to accumulate charge as stated in paragraph to produce data 0060).
With respect to claim 19, Feingold discloses the first readout period, the ambient readout period, the second readout period, and the third readout period form an image acquisition rotation, the method further comprising: performing one or more additional image acquisition rotations (see paragraph 0033).
With respect to claim 20, Feingold discloses the one or more image frames comprise a visible-light image frame based on the first set of imaging data and wherein the one or more image frames comprise a fluorescence image frame based on the second set of imaging data, the third set of imaging data (see paragraph 0160-0162), and the set of ambient imaging data (see Figure 4A showing widow #404 between light events or periods 1 and 2 considered as the claimed the ambient light period).
With respect to claim 21, Feingold discloses resetting the plurality of rows of pixels of the imager before illuminating the tissue of the subject with the primary visible-light illumination pulse of the pulsed visible-light illumination source (see Abstract and paragraph 0179).
With respect to claim 22, Feingold discloses resetting the plurality of rows of pixels of the imager comprises triggering a synchronous frame reset functionality of the imager (see paragraphs 0148 and 0177-0179).
With respect to claim 23, Feingold discloses the visible-light illumination source comprises an LED (see paragraph 0166).
PNG
media_image2.png
521
687
media_image2.png
Greyscale
With respect to claim 24, Feingold discloses the fluorescence excitation illumination source comprises an infrared light (see paragraph 0054).
With respect to claim 25, Feingold discloses the imager is part of an endoscopic imager (se paragraphs 0132 and 0146 as seen on Figure 1 attached herein showing the camera head #16 coupled to endoscope #12).
With respect to claim 26, Feingold discloses the imager comprises a CMOS sensor (see paragraph 0163).
With respect to claim 27, Feingold discloses the visible-light illumination source comprises a white-light illumination source (see paragraph 0161).
PNG
media_image3.png
510
482
media_image3.png
Greyscale
PNG
media_image1.png
753
559
media_image1.png
Greyscale
With respect to claim 28, Feingold discloses a system of imaging tissue of a subject, the system comprising (see system #10 on Figures 2 with camera head #16, camera controller #18 and light sources #14 further shown in Figure 3): a fluorescence excitation illumination source (fluorescent light source #334 as seen on Figure 3), a visible-light illumination source (white light as visible light source #332 as seen on Figure 3), a liquid crystal light shutter (see shutter #312 in Figure 3) configurable to be in an open state and a closed state (see Figure 3 showing shutter #312 wherein said shutter is a liquid crystal light shutter as defined in paragraphs 0151, 0216 and Abstract; the shutter configurable to be in an open state and a closed state according to paragraphs 0226, 0238 and Abstract), and an imager being configured for: transitioning the liquid crystal light shutter to the open state to allow reflected light from illumination of the tissue of the subject (see paragraphs 0226, 0238 and Abstract) with the visible-light illumination source to accumulate charge at a plurality of rows of pixels of the imager (see Abstract and paragraph 0148); transitioning the liquid crystal light shutter to the closed state to prevent the imager from receiving visible light (see paragraph 0239); during a first readout period, sequentially reading a first set of accumulated charge at the plurality of rows of pixels from a first row to a last row of the plurality of rows to produce a first set of imaging data (see Abstract and paragraph 0148); illuminating the tissue of the subject with the fluorescence excitation illumination source while the liquid crystal light shutter is in the closed state (see Abstract and paragraph 0148); during a second readout period after the first readout period, sequentially reading a second set of accumulated charge from the first row to the last row of the plurality of rows of pixels to produce a second set of imaging data; and generating one or more image frames based on the first set of imaging data and the second set of imaging data (see paragraphs 0183-0186).
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.
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 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Feingold et al. (US 2022/0210309 A1) further in view of Chang et al. (US 2020/0234439 A1).
With respect to claim 6, Feingold discloses the claimed invention as stated above except for the fluorescence image frame is overlaid on the visible-light image frame in the blended image frame. However, Chang discloses the fluorescence image frame is overlaid on the visible-light image frame in the blended image frame (see paragraph 0102 disclosing the blending of images by overlaying fluorescence image on the visible-light image). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the fluorescence image frame overlaid on the visible-light image frame in the blended image frame as taught by Chang in combination with Feingold’s image for the purpose of displaying an image which may have various colors, various levels of desaturation or various ranges of a color to highlight/visualize certain features of interest (as discussed by Chang in paragraph 0184).
With respect to claim 7, Feingold discloses the claimed invention as stated above except for the blended image frame is derived from colorizing the visible-light image frame based on the fluorescence image frame. However, Chang discloses the blended image frame is derived from colorizing the visible-light image frame based on the fluorescence image frame (see paragraph 0184). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the blended image frame derived from colorizing the visible-light image frame based on the fluorescence image frame as taught by Chang in combination with Feingold’s image for the purpose of displaying an image which may have various colors, various levels of desaturation or various ranges of a color to highlight/visualize certain features of interest (as discussed by Chang in paragraph 0184).
With respect to claim 8, Feingold discloses the claimed invention as stated above except for the blended image frame is derived from colorizing the visible-light image frame based on the ratio of the fluorescence image frame to one or more channels of the visible-light frame. However, Chang discloses the blended image frame is derived from colorizing the visible-light image frame based on the ratio of the fluorescence image frame to one or more channels of the visible-light frame (see paragraph 0184). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the blended image frame derived from colorizing the visible-light image frame based on the ratio of the fluorescence image frame to one or more channels of the visible-light frame as taught by Chang in combination with Feingold’s image for the purpose of displaying an image which may have various colors, various levels of desaturation or various ranges of a color to highlight/visualize certain features of interest (as discussed by Chang in paragraph 0184).
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 different configurations of endoscopes having a camara unit coupled to the endoscope and having different types of lighting for imaging a tissue.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-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, Raymond Keith can be reached at 571-270-1790. 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.
/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798