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 .
Response to Amendment
This action is in response to the remarks filed on 4/23/2026.
The amendments filed on 4/23/2026 have been entered. Accordingly claims 1-22 remain pending. Claims 21-22 are newly added.
Claims 1-12 and 19-20 were previously withdrawn in light of the applicants election to prosecute claims 13-18 in response to the restriction requirement.
Claim Interpretation
Claims 13 and 16 recite the newly amended limitation of “determining if the distance is within the target distance range”; and “if the portable multispectral imaging device is not within the target distance range” which in an interpretation it may be construed as a conditional limitation where the limitations followed by the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case scenario of “the distance” not being “within the target distance range” (similarly “if the portable multispectral imaging device is not within the target distance range”).
Claim 16 also recites similar conditional limitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
Claim Rejections - 35 USC § 103
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.
Claims 13-14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dacosta et al (US20200364862A1) in view of Dacosta ‘671 (US20220061671A1).
Regarding claim 13, Dacosta teaches method for positioning a portable multispectral imaging device within a target distance range relative to a surface for imaging a region of interest (ROI) of the surface (“fluoresce with a unique spectral signature when subjected to excitation light with a known wavelength or range of wavelengths” abst; “methods and analyses described could be used to analyze other colors or spectral wavelengths of fluorescence to identify bacterial load or other parameters associated with a given fluorescence wavelength” [0068]), wherein the method comprises:
determining a distance between the portable multispectral imaging device and the ROI of the surface (“device may include a system or device 8 such as a rangefinder or other means (e.g., use of compact miniature laser diodes that emit a collimated light beam) to measure and determine the distance between the imaging device and the object 10” [0041]);
determining if the distance is within the target distance range (“a range finder LED system 205 indicating an optimal distance from the wound being targeted or imaged” [0045]);
if the portable multispectral imaging device is not within the target distance range,
generating a signal indicating to a user that the portable multispectral imaging device (“a rangefinder or other means (e.g., use of compact miniature laser diodes that emit a collimated light beam) to measure and determine the distance between the imaging device and the object 10. For example, the device may use two light sources, such as two laser diodes, as part of a triangulation apparatus to maintain a constant distance between the device and the object 10. …structure 9 (e.g., a pivot) to permit the manipulation and orientation of the excitation light sources 5, 8 so as to position these sources 5,8 to change the illumination angle of the light striking the object 10 for varying distances.” [0041]; “a range finder LED system 205 indicating an optimal distance from the wound being targeted or imaged, an ambient light status LED 206 for indicating an optimal lighting environment for fluorescence mode imaging” [0044]); and
triggering an image capturing sequence when the portable multispectral imaging device is within the target distance range (“device 200 further includes LEDs 212 that have specific wavelengths or ranges of wavelengths for illuminating targets when in fluorescence imaging mode, as well as a camera lens 213 enabling image and video capture, a range finder sensor 214 for detecting an optimal distance from a wound or surrounding skin, and an ambient light sensor 215 for detecting optimal lighting conditions for the fluorescence imaging mode.” [0045]).
Dacosta does not point out the specifics of -if device is not within the target distance range and providing instructions to the user to guide that the user for repositioning the device-; and if the portable multispectral imaging device is not within the target distance range.
However, in the same field of endeavor, Dacosta ‘671 teaches Range Finder—A range finder may be used to measure the distance between the camera sensor and target being imaged. The minimum on target blue light irradiance and uniformity is valid within a range of camera to target distances. The range finder provides feedback to the clinician/user to guide them on imaging at the correct distance by providing an indication that an appropriate distance has been reached. The target distance can be stored in picture metadata. The target distance could be useful to a sticker detection algorithm, which may be used in measuring processes, for determining the minimum and maximum expected sticker size in sensor pixels which is a function of distance between the sticker and camera sensor. In some embodiments, a change in measured target distance could be used to initiate a camera sensor refocus action [0047].
Device for illuminating a subject with light of a calibrated intensity and for capturing closeup fluorescence digital images including an optical rangefinder that the rangefinder value is presented to the user via the display screen where the user may set the intensity of the light on the subject by adjusting the height of the device from the subject according to the rangefinder value on the screen and capture an image [0144].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with if device is not within the target distance range and providing instructions to the user to guide that the user for repositioning the device as taught by Dacosta ‘671 because it would be desirable if such cells could be monitored in a minimally-invasive or non-invasive way ([0009] Dacosta ‘671).
Regarding claim 14, Dacosta teaches wherein determining the distance between the portable multispectral imaging device and the ROI of the surface comprises:
obtaining, from a distance sensor, at least one measurement of the distance between the portable multispectral imaging device and the surface (“a range finder sensor 214 for detecting an optimal distance from a wound or surrounding skin,” [0045]).
Regarding claim 17, Dacosta teaches wherein generating the signal indicating that the portable multispectral imaging device is not within the target distance range from the ROI comprises generating one of: a signal indicating that the device is too close to the ROI or a signal indicating that the device is too far from the ROI (“a range finder LED system 205 indicating an optimal distance from the wound being targeted or imaged” [0044]; “ device 8 such as a rangefinder or other means (e.g., use of compact miniature laser diodes that emit a collimated light beam) to measure and determine the distance between the imaging device and the object 10. For example, the device may use two light sources, such as two laser diodes, as part of a triangulation apparatus to maintain a constant distance between the device and the object 10. Other light sources may be possible. The device may also use ultrasound, or a physical measure, such as a ruler, to determine a constant distance to maintain. The device may also include a structure 9 (e.g., a pivot) to permit the manipulation and orientation of the excitation light sources 5, 8 so as to position these sources 5,8 to change the illumination angle of the light striking the object 10 for varying distances.” [0041]).
Further, Dacosta ‘671 also teaches the rangefinder value is presented to the user via the display screen … adjusting the height of the device from the subject according to the rangefinder value on the screen… [0144].
Regarding claim 18, Dacosta teaches wherein the method further comprises generating and displaying a distance indicator that is shown on a display to aid the user in positioning the portable multispectral imaging device (“a range finder LED system 205 indicating an optimal distance from the wound being targeted or imaged” [0044]; “ device 8 such as a rangefinder or other means (e.g., use of compact miniature laser diodes that emit a collimated light beam) to measure and determine the distance between the imaging device and the object 10. For example, the device may use two light sources, such as two laser diodes, as part of a triangulation apparatus to maintain a constant distance between the device and the object 10. Other light sources may be possible. The device may also use ultrasound, or a physical measure, such as a ruler, to determine a constant distance to maintain. The device may also include a structure 9 (e.g., a pivot) to permit the manipulation and orientation of the excitation light sources 5, 8 so as to position these sources 5,8 to change the illumination angle of the light striking the object 10 for varying distances.” [0041]).
Further, Dacosta ‘671 also teaches the rangefinder value is presented to the user via the display screen … adjusting the height of the device from the subject according to the rangefinder value on the screen… [0144].
Claims 15-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Dacosta in view of Dacosta ‘671 and further in view of Tan et al (US 20230384433)
Regarding claim 15, the above noted combination teaches all the claimed limitations except for wherein the distance sensor is a light detection and ranging (LIDAR) sensor.
However, in the same field of endeavor, Tan teaches an optical range finding device and an optical range finding method (abst). Light detection and ranging, lidar, has been proposed as a range finding mechanism [0003].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with LIDAR as taught by Tan because it helps to overcome the complex and expensive entangled photon pair source, with associated multiple points-of-failure of the existing technology ([0003] of Tan).
Regarding claim 16, the above noted combination teaches all the claimed limitation.
Specifically, Dacosta teaches device 200 further includes LEDs 212 that have specific wavelengths or ranges of wavelengths for illuminating targets when in fluorescence imaging mode, as well as a camera lens 213 enabling image and video capture, a range finder sensor 214 for detecting an optimal distance from a wound or surrounding skin, and an ambient light sensor 215 for detecting optimal lighting conditions for the fluorescence imaging mode [0045]. Spatio-temporal co-registration may be performed to correlate a plurality of images to provide more detailed analyses for a specific wound, characteristic, or patient, such as tracking a change or growth of specific characteristics [0076].
Further, in the same field of endeavor, Tan also teaches an optical range finding device and an optical range finding method (abst). Light detection and ranging, lidar, has been proposed as a range finding mechanism [0003]. [0039] The timing position of the peak signal in this histogram, i.e. the two-photoevent coincidence distribution, corresponds to the time-of-flight of the probe beam to and from the target 108, from which the distance, d, can then be determined. In other words, this histogram will show a peak associated with the same (to within the measurement uncertainty) time difference between the correlated photon pairs (within the filtered band) as a result of the specific delay caused by the additional (2*distance, d) travelled by the photons in the reflected probe beam 122. This step corresponds roughly to the peak finding process when using a traditional lidar scheme when modulating the light source with a pseudorandom pattern [0039].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with temporal filter to obtain a filtered distance measurement and wherein determining whether the distance is within the target distance range as taught by Tan because it helps to overcome the complex and expensive entangled photon pair source, with associated multiple points-of-failure of the existing technology ([0003] of Tan).
Regarding claim 21, Dacosta teaches wherein the temporal filter is a low pass filter configured to remove noise due to physiological motion (“removing unwanted data using a low-pass spatial filter at operation 601, which removes noise and insignificant outlier pixels.” [0062]).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Dacosta in view of Dacosta ‘671 and further in view of Kuroda et al (US20200294236).
Regarding claim 22, the above noted combination teaches all the claimed limitation except for wherein the distance indicator comprises a tape measure symbol that is configured to move relative to a position indicator in real-time as there is relative movement between the portable multispectral imaging device and ROI, the tape measure including a region indicating the target distance range.
However, in the same field of endeavor, Kuroda teaches an imaging apparatus 200 that is a handheld portable device, and an image processing apparatus 300 [0024]. an apparatus includes a sensor configured to capture an image of an affected part, and a processor configured to obtain information about a size of the affected part in the captured image, and control timing to capture an image of the affected part or control timing to prompt a user to perform an imaging operation based on the information about the size of the affected part [0012]. The affected part 102 is a pressure ulcer as an example, the affected part 102 is not limited to pressure ulcers and may be burns or lacerations [0025]. Scale bar 716 is superimposed on the bottom right corner of the image 701. The scale bar 716 is intended to measure the size of the affected part 102. The size of the scale bar 716 with respect to the image data is changed based on the distance information [0103].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with the tape measure including a region indicating the target distance range as taught by Kuroda because (Kuroda).
Regarding claim 23, the above noted combination teaches all the claimed limitation except for wherein the triggering an image capturing sequence when the portable multispectral imaging device is within the target distance range occurs automatically without user input.
However, in the same field of endeavor, Kuroda teaches The user can thus appropriately capture an image of the affected part 102 since the system control circuit 220 controls the imaging of the affected part to be automatically executed when such conditions are satisfied [0113]. The affected part 102 is a pressure ulcer as an example, the affected part 102 is not limited to pressure ulcers and may be burns or lacerations [0025]. Scale bar 716 is superimposed on the bottom right corner of the image 701. The scale bar 716 is intended to measure the size of the affected part 102. The size of the scale bar 716 with respect to the image data is changed based on the distance information [0103]. Displaying such scale bars allows the user viewing the display to measure the lengths of desired positions of the affected region. The graduations on the scale bars are automatically adjusted based on the distance information received [0116].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with the tape measure including a region indicating the target distance range as taught by Kuroda because (Kuroda).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive at least for the reasons noted below;
Regarding the claim rejections, the applicant argues the following;
Dacosta '671 goes on to disclose that the user may "set the intensity of the light on the subject by adjusting the height of the device from the subject according to the rangefinder value on the screen and capture an image" (id.). Dacosta '671 thus indicates that the user can change the distance between the device and the subject to set the intensity of the light. The user does not change the distance in accordance with being within a target distance range. Even if one could consider that the user adjusting the height to set the intensity of the light is equivalent to being within the target distance range, Dacosta '671 does not provide any instructions to the user to guide the user for repositioning the device.
By contrast, claim 13 discloses determining if the distance is within the target distance range and then generating a signal that actively instructs and guides the user to achieve the target distance. DaCosta '671 apparently requires the user to read the number on the rangefinder, mentally calculate whether that number falls within an optimal range, and guess which direction to move the device. DaCosta '671 neither generates a signal indicating to a user that the portable multispectral imaging device is not within the target distance range nor provides instructions to the user to guide the user for repositioning the portable multispectral imaging device.
However, DaCosta '671 specifically teaches;
Range Finder—A range finder may be used to measure the distance between the camera sensor and target being imaged. The minimum on target blue light irradiance and uniformity is valid within a range of camera to target distances. The range finder provides feedback to the clinician/user to guide them on imaging at the correct distance by providing an indication that an appropriate distance has been reached. The target distance can be stored in picture metadata. The target distance could be useful to a sticker detection algorithm, which may be used in measuring processes, for determining the minimum and maximum expected sticker size in sensor pixels which is a function of distance between the sticker and camera sensor. In some embodiments, a change in measured target distance could be used to initiate a camera sensor refocus action [0047].
Therefore, the rejections are maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERKAN AKAR whose telephone number is (571)270-5338. The examiner can normally be reached 9am-5pm M-F.
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/SERKAN AKAR/ Primary Examiner, Art Unit 3797
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