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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-8 and 14-18 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8-10 and 13-18 of U.S. Patent No. (US 11589801 B2). Although the claims at issue are not identical, they are not patentably distinct from each other since the instant claims are anticipated by the Patent No. (US 11589801 B2).
Summary of double patenting claims (The differences are bolded and italicized.)
Current application
Patent (US 11589801 B2)
1+4+8. An apparatus for assessment of parathyroid gland viability, comprising:
a diffuser configured to diffuse a beam of light onto a tissue surface of a parathyroid gland of a patient to illuminate the tissue surface; and means for obtaining speckle contrast images for the assessment of parathyroid gland viability.
The apparatus of claim 1, wherein said means for obtaining the speckle contrast images comprises a detector for acquiring images of the illuminated tissue surface, wherein each of the acquired images comprises a speckle pattern.
The apparatus of claim 4, wherein said means further comprises a controller arranged to operate the detector to acquire the images of the illuminated tissue surface, receive the acquired images from the detector, and process the acquired images to obtain the speckle contrast images.
13. An apparatus for intraoperative assessment of parathyroid gland viability in a surgery, comprising: a light source for emitting a beam of light; a diffuser coupled to the light source for diffusing the beam of light onto a tissue surface of a parathyroid gland of a patient to illuminate the tissue surface; a detector for acquiring images of the illuminated tissue surface, wherein each of the acquired images comprises a speckle pattern; and a controller arranged to operate the detector to acquire the images of the illuminated tissue surface, receive the acquired images from the detector, and process the acquired images to obtain speckle contrast images for the intraoperative assessment of parathyroid gland viability.
2.The apparatus of claim 1, wherein the beam of light is emitted from an infrared laser.
14. The apparatus of claim 13, wherein the light source comprises an infrared laser.
3. The apparatus of claim 1, wherein the diffuser comprises a biconvex lens.
15. The apparatus of claim 13, wherein the diffuser comprises a biconvex lens.
5. The apparatus of claim 4, wherein the detector comprises a camera.
16. The apparatus of claim 13, wherein the detector comprises a camera.
6. The apparatus of claim 5, wherein the camera comprises an infrared camera or a near-infrared camera.
17. The apparatus of claim 16, wherein the camera comprises an infrared camera or a near-infrared camera.
7. The apparatus of claim 5, wherein the detector further comprises a focus tunable lens attached to the front end of the camera.
18. The apparatus of claim 16, wherein the detector further comprises a focus tunable lens attached to the front end of the camera.
14+16. A method for assessment of parathyroid gland viability, comprising: diffusing a beam of light onto a tissue surface of a parathyroid gland of a patient to illuminate the tissue surface; and obtaining speckle contrast images for the assessment of parathyroid gland viability. The method of claim 14, wherein said obtaining the speckle contrast images comprises: acquiring images of the illuminated tissue surface, wherein each of the acquired images comprises a speckle pattern; andprocessing the acquired images to obtain speckle contrast images.
1. A method for intraoperative assessment of parathyroid gland viability in a surgery, comprising: diffusing a beam of light onto a tissue surface of a parathyroid gland of a patient to illuminate the tissue surface; acquiring images of the illuminated tissue surface, wherein each of the acquired images comprises a speckle pattern; and processing the acquired images to obtain speckle contrast images for the intraoperative assessment of parathyroid gland viability.
17. The method of claim 16, wherein said processing the acquired images comprises calculating a plurality of speckle contrasts from the acquired images of the parathyroid gland.
9. The method of claim 1, wherein said processing the acquired images comprises calculating a plurality of speckle contrasts from the acquired images of the parathyroid gland.
18. The method of claim 17, wherein said calculating plurality of speckle contrasts comprises:defining a window with a number of pixels over which a speckle contrast is to be calculated;moving the window across the acquired image of the speckle pattern; and at each location, calculating the speckle contrast as a standard deviation of pixelintensity values 6S within the window divided by a mean intensity value (I) as follows:KS =wherein the resultant speckle contrast image has values that range from 0 to 1, with values closer to 0 representing regions of greater motion (perfusion) and 1 representing regions with no motion.
10. The method of claim 9, wherein said calculating plurality of speckle contrasts comprises: defining a window with a number of pixels over which a speckle contrast is to be calculated; moving the window across the acquired image of the speckle pattern; and at each location, calculating the speckle contrast as a standard deviation of pixel intensity values σ.sub.s within the window divided by a mean intensity value custom characterIcustom character as follows:
wherein the resultant speckle contrast image has values that range from 0 to 1, with values closer to 0 representing regions of greater motion (perfusion) and 1 representing regions with no motion.
5. The method of claim 14, wherein in the speckle contrast images, a perfused parathyroid gland has low speckle contrast, and a devascularized parathyroid gland has high speckle contrast.
8. The method of claim 1, wherein in the speckle contrast images, a perfused parathyroid gland has low speckle contrast, and a devascularized parathyroid gland has high speckle contrast.
Closes prior art:
LUO discloses: FIG. 1 shows a laparoscopic system 100 that is capable of imaging subsurface blood flow using laser light and imaging inside of a patient's body using white light. The system 100 includes a display 110, a computing device 120, a laparoscope 130, a white light source 140, a switch 150…¶0021; The computing device 120 is connected to the white light source 150 and to the laser light source 160. When the computing device 120 receives outputs from the laparoscope 130, the computing device 120 converts the outputs into video signals and transmits corresponding video signals to the display 110…¶0022.
Conclusion
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MD M. RAHMAN
Primary Patent Examiner
Art Unit 2886
/MD M RAHMAN/Primary Examiner, Art Unit 2877
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