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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “visible light illumination system configured to selective emit…” and “a fluorescence excitation illumination system configured to selectively emit…” in claim 1, “an illumination source control unit..configured to selectively direct…” in claims 2, 3 and 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
For examination purposes, the visible light illumination system has been interpreted as corresponding to light sources, as set forth in paragraph [0053] of Applicant’s PG-Pub 2025/0235107, and equivalents thereof.
The fluorescence excitation illumination system has been interpreted as corresponding to light sources, as set forth in paragraph [0054] of Applicant’s PG-Pub, and equivalents thereof.
The illumination control source unit has been interpreted as corresponding to circuitry, as set forth in paragraph [0033] of Applicant’s PG-Pub, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 3 is objected to because of the following informalities:
In claim 3, in line 9, “first fluorescence” should be replaced with --- second fluorescence ---.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 14, in line 2, it is unclear as to whether the “pixel-level broadband infrared cutoff filters” are referring to or includes the “pixel-level broadband infrared cutoff filter” that is set forth in claim 1 or is referring to additional pixel-level broadband infrared cutoff filters. For examination purposes, Examiner assumes the latter.
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.
Claim(s) 1, 5-12, 14 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al. (US Pub No. 2006/0052710) in view of Ikehara et al. (US Pub No. 2019/0029090) and Kato (US Pub No. 2019/0110686).
With regards to claim 1, Miura et al. disclose a medical imaging system comprising:
an image sensor (i.e. 35, CCD) comprising a two by two array of pixels that includes a first pixel, a second pixel, a third pixel and a fourth pixel (paragraphs [0074]-[0076], [0088], referring to the CCD (imaging unit) 35, wherein a CCD is defined in the art as an integrated circuit etched onto a silicon surface forming an array of light sensitive elements called pixels, wherein in order to capture an image, such as depicted in Figures 4-5, of diagnostic value, the array of pixels would necessarily/inherently be required to comprise at least a two by two array of pixels that would include a first pixel, a second pixel, a third pixel and a fourth pixel);
a visible light illumination system (20, 21, 28B, 28G, 28R; Figures 1-2) configured to selectively emit one of
a first visible light biased to a first wavelength associated with a first color (i.e. blue light) (paragraphs [0062]-[0063], [0067], referring to the “blue light filter (visible light illumination unit) 28B that transmits blue light (illumination light) B”; Figures 1-2) and
a second visible light biased to a second wavelength associated with a second color (i.e. red light) (paragraphs [0062]-[0063], [0067], referring to the “red light filter (visible light illumination unit) 28R that transmits red light (illumination light) R”; Figures 1-2);
a fluorescence excitation illumination system (20, 21, 28EX1, 28EX2) configured to selectively emit one of
a first fluorescence excitation illumination (EX1) having a third wavelength (i.e. “infrared band” wavelength) to elicit fluorescence illumination (FL1) by a first fluorescence imaging agent (paragraphs [0062]-[0063], [0067], referring to “a first excitation filter (excitation light illumination unit) 28EX1 that transmits first excitation light (excitation light) EX1 in an infrared band”; paragraphs [0082]-[0084], referring to the two different fluorescent agents; Figures 1-3), and
a second fluorescence excitation illumination (EX2) having a fourth wavelength (i.e. “EX2 having a wavelength longer than the first excitation light”) to elicit fluorescence illumination (FL2) by a second fluorescence imaging agent, the fourth wavelength closer to the second wavelength than to the first wavelength (paragraphs [0062]-[0063], [0067], referring to the “second excitation filter (excitation light illumination unit) 28EX2 that transmits second excitation light (excitation light) EX2 having a wavelength longer than the first excitation light”; paragraphs [0082]-[0084], referring to the two different fluorescent agents; Figures 1-3, in particular, see Figures 3A and 3B, wherein the fourth wavelength (i.e. wavelength associated with 28EX2) is closer to the second wavelength (i.e. 28R) than to the first wavelength (i.e. 28B)).
However, Miura et al. do not specifically disclose that the third wavelength is closer to the first wavelength (i.e. blue light wavelength) than to the second wavelength (i.e. red light wavelength).
Further, Miura et al. do not specifically disclose that the system further comprises a pixel-level broadband infrared cutoff filter that covers the second pixel and that is configured to prevent the second pixel from collecting infrared light and a narrowband cutoff filter that covers the first, third, and fourth pixels and that is configured to prevent the first, third, and fourth pixels from collecting at least one of the first fluorescence excitation illumination or the second fluorescence excitation illumination.
Ikehara et al. disclose a fluorescence imaging system wherein, with use of 5-ALA as the fluorescer, as the fluorescence excitation light source (30), a light source with a narrow bandwidth emitting a light (an ultraviolet light) with a wavelength of, for example 385nm-425nm is usable, wherein the ultraviolet light cannot be seen by the eyes and this ensures preventing the excitation light from irradiating not only the affected part but also the entire biological tissue with color and hindering the medical practice (Abstract; paragraphs [0066], [0081]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the third wavelength of Miura et al. be a third wavelength which is closer to the first wavelength (i.e. UV light has a wavelength which is closer to blue light wavelength) than to the second wavelength (i.e. red light wavelength), as taught by Ikehara et al., in order to excite 5-ALA and further to prevent the excitation light from irradiating not only the affected part but also the entire biological tissue with color and hindering the medical practice (paragraphs [0066], [0081]).
However, the above combined references do not specifically disclose that the system further comprises a pixel-level broadband infrared cutoff filter that covers the second pixel and that is configured to prevent the second pixel from collecting infrared light and a narrowband cutoff filter that covers the first, third, and fourth pixels and that is configured to prevent the first, third, and fourth pixels from collecting at least one of the first fluorescence excitation illumination or the second fluorescence excitation illumination.
Kato discloses a fluorescence observation device providing a light source device configured to irradiate an object with visible light and excitation light and an imaging device including a visible-image capturing image sensor constituting a laminated image sensor (132) which outputs an imaging signal obtained by allowing exposure with light of the visible region (visible light) within the reflected light (Abstract; paragraphs [0036], [0051]-[0052]; Figures 2-3). The image sensor comprises a plurality of pixels (1320) arranged in a matrix shape (i.e. at least a 2x2 array of pixels), wherein pixels arranged within the image sensor are a pixel to which an on-chip color filter (132-4) configured to transmit light (visible light) of a wavelength band of red (R) is attached (“R pixel”), a pixel to which an on-chip color filter configured to transmit light of a green (G) wavelength band is attached (“G pixel”) and a pixel to which an on-chip color filter configured to transmit light of a blue (B) wavelength band is attached (“B pixel”) (paragraph [0052], [0067], [0079], [0081]; Figures 2-4). The on-chip color filter (1320R “first color filter”) for causing visible light of the R wavelength band to be transmitted is formed at a position corresponding to the R pixel (1320R), an on-chip color filter (13204G, “second (or third) color filter”) for causing visible light of the G wavelength band to be transmitted is formed at a position corresponding to the G pixel (1320G) and an on-chip color filter (13204B, “third (or second) color filter) for causing visible light of the B wavelength band to be transmitted is formed at a position corresponding to the B pixel (1320B), wherein the on-chip color filters can be formed in a Bayer array (paragraph [0101], [0105]-[0108], Figures 2-6, note that, as depicted in Figure 3, there are multiple pixels that would correspond to the claimed second and third pixels and would be covered by the “second color filter”). Kato further discloses that their system further comprise a pixel-level broadband infrared cutoff filter (131) that covers the second pixel and that is configured to prevent the second pixel from collecting infrared light (paragraphs [0013], [0047]-[0051], [0062], [0085], [0120]-[0121], referring to the excitation light cut filter (131) which cuts the excitation light on each pixel arranged on the image sensor substrate (132-1), wherein the excitation light is near-infrared light, wherein the excitation light cut filter (131) significantly increases the attenuation/light shielding rate with respect to the excitation light of the wavelength band, thereby avoiding a deterioration in the quality of the image; Figures 2-5) and further comprises a narrowband cutoff filter that covers the first, third and fourth pixels and that is configured to prevent the first, third, and fourth pixels from collecting at least one of the first fluorescence excitation illumination or the second fluorescence excitation illumination (paragraph [0112], referring to the dielectric multilayer film filter which transmits near-infrared light of a wavelength band exceeding 750 nm within light of the wavelength band of 500 nm to 1100 nm incident from the visible-image capturing image sensor substrate, wherein the transmitted light is in a narrowband wavelength range of 750nm-1100nm; paragraph [0052], [0067], [0079], [0081], referring to the on-chip color filters which allow transmission of visible light narrowband wavelength ranges and thus would prevent the respective pixels from collecting at least one of the first or second fluorescence excitation illumination wavelengths which are outside the respective visible light narrowband wavelength ranges; Figures 2-5).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the system of the above combined references to further comprise a pixel-level broadband infrared cutoff filter that covers the second pixel and that is configured to prevent the second pixel from collecting infrared light and a narrowband cutoff filter that covers the first, third, and fourth pixels and that is configured to prevent the first, third, and fourth pixels from collecting at least one of the first fluorescence excitation illumination or the second fluorescence excitation illumination, as taught by Kato, in order to increase the attenuation/light shielding rate with respect to the excitation light of the wavelength band, thereby avoiding a deterioration in the quality of the image (paragraph [0013]).
With regards to claim 5, Miura et al. disclose that the system further comprises:
an illumination source control unit (24, 25) communicatively coupled to the visible light illumination system and the fluorescence excitation illumination system (paragraph [0063], referring to the switching unit (24, 25) that rotationally drives the illumination filter (23) and that controls the rotational speed and phase of the illumination filter (23); paragraphs [0073]-[0074]; Figures 1-3), the illumination source control unit configured to:
selectively direct the visible light illumination system to emit the second visible light and the fluorescence excitation illumination system to emit the first fluorescence excitation illumination for use with the first fluorescence imaging agent (paragraphs [0080]-[0087], referring to emitting R, G, B, EX1 and EX2 spectral-band light, wherein the light is emitted “in sequence” and thus the light is selectively directed, and referring to a first fluorescence agent generating first fluorescence FL1 when irradiated with the first excitation light EX1 and a second fluorescent agent that generates second fluorescence FL2 when irradiated with the second excitation light EX2; Figures 2-3), and
selectively direct the visible light illumination system to emit the first visible light and the fluorescence excitation illumination system to emit the second fluorescence excitation illumination for use with the second fluorescence imaging agent (paragraphs [0080]-[0087], referring to emitting R, G, B, EX1 and EX2 spectral-band light, wherein the light is emitted “in sequence” and thus the light is selectively directed, and referring to a first fluorescence agent generating first fluorescence FL1 when irradiated with the first excitation light EX1 and a second fluorescent agent that generates second fluorescence FL2 when irradiated with the second excitation light EX2; Figures 2-3).
With regards to claim 6, Miura et al. disclose that the visible light illumination system comprises a first visible light illumination source (i.e. 20, 21, 28B) configured to emit the first visible light (i.e. blue light) and a second visible light illumination source (i.e. 20, 21, 28R) configured to emit the second visible light (i.e. red light), the selective directing of the visible light illumination system to emit the first visible light comprises selectively activating the first visible light illumination source (i.e. via sequential emission of the light) and the selective directing of the visible light illumination system to emit the second visible light comprises selectively activating the second visible light illumination source (i.e. via sequential emission of the light) (paragraphs [0062]-[0063], [0073]; Figures 2-3).
With regards to claim 7, Miura et al. disclose that the visible light illumination system comprises a single adjustable visible light illumination source (20, 21) (paragraph [0063]; Figure 1), the selective directing of the visible light illumination system to emit the first visible light comprises adjusting the single adjustable visible light illumination source to selectively emit the first visible light (paragraph [0067], referring to the use of filters (i.e. 28B, 28R) to adjust/control which light wavelength is emitted; Figures 2-3), and the selective directing of the visible light illumination system to emit the second visible light comprises adjusting the single adjustable visible light illumination source to selectively emit the second visible light (paragraph [0067], referring to the use of filters (i.e. 28B, 28R) to adjust/control which light wavelength is emitted; Figures 2-3).
With regards to claim 8, Miura et al. disclose that the fluorescence excitation illumination system comprises a first fluorescence excitation illumination source (20, 21, 28EX1) configured to emit the first fluorescence excitation illumination (paragraphs [0063], [0067]; Figures 1-3), and a second fluorescence excitation illumination source (20, 21, 28EX2) configured to emit the second fluorescence excitation illumination (paragraphs [0063], [0067]; Figures 1-3); the selective directing of the fluorescence excitation illumination system to emit the first fluorescence excitation illumination comprises selectively activating the first fluorescence excitation illumination source (paragraph [0067], referring to the use of filters (28EX1, 28EX2) to selectively direct which fluorescence wavelength is emitted; Figures 1-3), and the selective directing of the fluorescence excitation illumination system to emit the second fluorescence excitation illumination comprises selectively activating the second fluorescence excitation illumination source (paragraph [0067], referring to the use of filters (28EX1, 28EX2) to selectively direct which fluorescence wavelength is emitted; Figures 1-3).
With regards to claim 9, Miura et al. disclose that the fluorescence excitation illumination system comprises a single adjustable fluorescence excitation illumination source (20, 21) (paragraphs [0063], [0067]; Figures 1-3), the selective directing of the fluorescence excitation illumination system to emit the first fluorescence excitation illumination comprises adjusting the single adjustable fluorescence excitation illumination source to emit the first fluorescence excitation illumination (paragraph [0067], referring to the use of filters (28EX1, 28EX2) to selectively direct and adjust/control which fluorescence wavelength is emitted; Figures 1-3); and the selective directing of the fluorescence excitation illumination system to emit the second fluorescence excitation illumination comprises adjusting the single adjustable fluorescence excitation illumination source to emit the second fluorescence excitation illumination (paragraph [0067], referring to the use of filters (28EX1, 28EX2) to selectively direct and adjust/control which fluorescence wavelength is emitted; Figures 1-3).
With regards to claim 10, as discussed above, the above combined references meet the limitations of claim 1. However, the above combined references do not specifically disclose that the system further comprises a first color filter that covers the first pixel and that is configured to allow the first pixel to collect a first visible light color component of the first and second visible light and prevent the first pixel from collecting second and third visible light color components of the first and second visible light; a second color filter that covers the second pixel and the third pixel, the second color filter configured to allow the second and third pixels to each collect the second visible light color component and prevent the second and third pixels from each collecting the first and third visible light color components; and a third color filter that covers the fourth pixel and that is configured to allow the fourth pixel to collect the third visible light color component and prevent the fourth pixel from collecting the first and second visible light color components. Kato discloses a fluorescence observation device providing a light source device configured to irradiate an object with visible light and excitation light and an imaging device including a visible-image capturing image sensor constituting a lamninated image sensor (132) which outputs an imaging signal obtained by allowing exposure with light of the visible region (visible light) within the reflected light (Abstract; paragraphs [0036], [0051]-[0052]; Figures 2-3). The image sensor comprises a plurality of pixels (1320) arranged in a matrix shape (i.e. at least a 2x2 array of pixels), wherein pixels arranged within the image sensor are a pixel to which an on-chip color filter (132-4) configured to transmit light (visible light) of a wavelength band of red (R) is attached (“R pixel”), a pixel to which an on-chip color filter configured to transmit light of a green (G) wavelength band is attached (“G pixel”) and a pixel to which an on-chip color filter configured to transmit light of a blue (B) wavelength band is attached (“B pixel”) (paragraph [0052], [0067], [0079], [0081]; Figures 2-4). The on-chip color filter (1320R “first color filter”) for causing visible light of the R wavelength band to be transmitted is formed at a position corresponding to the R pixel (1320R), an on-chip color filter (13204G, “second (or third) color filter”) for causing visible light of the G wavelength band to be transmitted is formed at a position corresponding to the G pixel (1320G) and an on-chip color filter (13204B, “third (or second) color filter) for causing visible light of the B wavelength band to be transmitted is formed at a position corresponding to the B pixel (1320B), wherein the on-chip color filters can be formed in a Bayer array (paragraph [0101], [0105]-[0108], Figures 2-6, note that, as depicted in Figure 3, there are multiple pixels that would correspond to the claimed second and third pixels and would be covered by the “second color filter”). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the system of the above combined references to further comprise a first color filter that covers the first pixel and that is configured to allow the first pixel to collect a first visible light color component of the first and second visible light and prevent the first pixel from collecting second and third visible light color components of the first and second visible light; a second color filter that covers the second pixel and the third pixel, the second color filter configured to allow the second and third pixels to each collect the second visible light color component and prevent the second and third pixels from each collecting the first and third visible light color components; and a third color filter that covers the fourth pixel and that is configured to allow the fourth pixel to collect the third visible light color component and prevent the fourth pixel from collecting the first and second visible light color components, as taught by Kato et al., in order to increase the attenuation/light shielding rate with respect to the excitation light of the wavelength band, thereby avoiding a deterioration in the quality of the image (paragraph [0013]).
With regards to claim 11, Kato discloses that the first visible light component is a red component, the second visible light component is a blue component, and the third visible light component is a green component ((paragraph [0101], [0105]-[0108], Figures 2-6, note that any of R, G, B wavelength bands can be considered as first, second or third components).
With regards to claim 12, Kato discloses that the first visible light component is a red component, the second visible light component is a green component, and the third visible light component is a blue component ((paragraph [0101], [0105]-[0108], Figures 2-6, note that any of R, G, B wavelength bands can be considered as first, second or third components).
With regards to claim 14, Miura et al. disclose that the first, third and fourth pixels are not covered by pixel-level broadband infrared cutoff filters configured to prevent the first, third and fourth pixels from collecting the infrared light (paragraphs [0148]-[0161], referring to the use of different cut filters and thus at one point the pixels of the above combined references would not be covered by at least one of the different cutoff filters).
With regards to claim 16, Kato discloses that the narrowband cutoff filter comprises a first pixel-level narrowband cutoff filter that covers the first pixel, a second pixel-level narrowband cutoff filter that covers the third pixel and a third pixel-level narrowband cutoff filter that covers the fourth pixel (paragraph [0112], referring to the dielectric multilayer film filter which covers the pixels, which would include the first, second, third and fourth pixels; Figures 2-6).
With regards to claim 17, the above combined references disclose that the third wavelength is in a visible light range (see Ikehara et al., paragraphs [0066], [0081], which discloses the wavelength range of 385nm-425nm which overlaps with the visible light range (i.e. 400-700nm)); and the fourth wavelength is in an infrared light range (see Miura et al., paragraph [0067]; Figure 3).
Claim(s) 2, 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al. in view of Ikehara et al. and Kato as applied to claim 1 above, and further in view of Nakaoka et al. (US Pub No. 2010/0094136).
With regards to claims 2, 3 and 4, as discussed above, the above combined references meet the limitations of claim 1.
Further, Miura et al. disclose that the system further comprises an illumination source control unit (24, 25) communicatively coupled to the visible light illumination system and the fluorescence excitation illumination system (paragraph [0063], referring to the switching unit (24, 25) that rotationally drives the illumination filter (23) and that controls the rotational speed and phase of the illumination filter (23); paragraphs [0073]-[0074]; Figures 1-3), the illumination source control unit configured to:
selectively direct the visible light illumination system to emit the second visible light and the fluorescence excitation illumination system to emit the first fluorescence excitation illumination for use with the first fluorescence imaging agent (paragraphs [0080]-[0087], referring to emitting R, G, B, EX1 and EX2 spectral-band light, wherein the light is emitted “in sequence” and thus the light is selectively directed, and referring to a first fluorescence agent generating first fluorescence FL1 when irradiated with the first excitation light EX1 and a second fluorescent agent that generates second fluorescence FL2 when irradiated with the second excitation light EX2; Figures 2-3), and
selectively direct the visible light illumination system to emit the first visible light and the fluorescence excitation illumination system to emit the second fluorescence excitation illumination for use with the second fluorescence imaging agent (paragraphs [0080]-[0087], referring to emitting R, G, B, EX1 and EX2 spectral-band light, wherein the light is emitted “in sequence” and thus the light is selectively directed, and referring to a first fluorescence agent generating first fluorescence FL1 when irradiated with the first excitation light EX1 and a second fluorescent agent that generates second fluorescence FL2 when irradiated with the second excitation light EX2; Figures 2-3).
However, the above combined references do not specifically disclose that the illumination source control unit is further configured to identify a fluorescence imaging agent used in a patient, determine that the fluorescence imaging agent is the first (or second) fluorescence imaging agent and wherein the selective directing of the emission of the second visible light and the first fluorescence excitation illumination for use with the first fluorescence imaging agent is “in response to the determination that the fluorescence imaging agent is the first fluorescence imaging agent and the selective directing of the emission of the first visible light and the second fluorescence excitation illumination for use with the second fluorescence imaging agent is “in response to the determination that the fluorescence imaging agent is the first/second fluorescence imaging agent. Further, the above combined references do not specifically disclose that identifying the fluorescence imaging agent used in the patient comprises receiving user input that identifies the fluorescence imaging agent [claim 4].
Nakaoka et al. disclose an endoscope system comprising a light source section for selectively irradiating two or more types of excitation lights having different spectral characteristics so as to excite two or more types of fluorescent agents having different optical characteristics, wherein there are three observation modes and an appropriate observation mode can be selected by the operation of a mode switching switch by the user (Abstract; paragraph [0042]). The observation modes comprise of the normal light observation mode, a screening fluorescence observation mode (i.e. associated with the first fluorescence imaging agent), wherein the excitation light source (10a) and the illumination light source (9) are opened and the excitation light is emitted from the excitation light source (10a) and an unmixing fluorescence observation mode (i.e. associated with the second fluorescence imaging agent and second fluorescence excitation illumination), wherein the first excitation light is emitted from the excitation light source and the second excitation light is emitted from the excitation light source 10b (paragraphs [0042]-[0049], note that the user selection (i.e. user input) of the observation modes which are associated with the different excitation illuminations associated with different fluorescent agents would thus be associated with a determination that the fluorescence agent is the first or second fluorescence agent). Their invention eliminates the need for a special apparatus such as a variable spectral element and thus diagnosability of cancer cells can be improved (paragraph [0016]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the illumination source control unit of the above combined references be further configured to identify a fluorescence imaging agent used in a patient, determine that the fluorescence imaging agent is the first (or second) fluorescence imaging agent and wherein the selective directing of the emission of the second visible light and the first fluorescence excitation illumination for use with the first fluorescence imaging agent is “in response to the determination that the fluorescence imaging agent is the first fluorescence imaging agent and the selective directing of the emission of the first visible light and the second fluorescence excitation illumination for use with the second fluorescence imaging agent is “in response to the determination that the fluorescence imaging agent is the first/second fluorescence imaging agent and further have the identifying the fluorescence imaging agent used in the patient comprise receiving user input that identifies the fluorescence imaging agent [claim 4], as taught by Nakaoka et al, in order to eliminate the need for a special apparatus such as a variable spectral element and thus improve diagnosability of cancer cells and further allow user control of the procedure (paragraph [0016]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al. in view of Ikehara et al. and Kato, as applied to claim 5 above, and further in view of Meester (US Pub No. 2021/0137369).
With regards to claim 6, as discussed above, the above combined references meet the limitations of claim 5.
However, the above combined references do not specifically disclose that the pixel-level broadband infrared cutoff filter comprises a coating configured to adhere to a surface of the second pixel.
Meester discloses a method for detecting visible and infrared light using a medical imaging system, wherein the medical imaging system includes a patterned filter (20) which receives the received light and wherein the filtered light is detected by respective sensors to generate visible light and infrared/fluorescence images (Abstract; paragraphs [0046], [0048]; Figures 1-3). The patterned filter (20) consists of groups of 2x2 filters which are filtered for one particular color (paragraph [0048]; Figure 3). Their system further comprises a pixel-level broadband infrared cutoff filter comprising a coating configured to adhere to a surface of the second pixel (paragraphs [0054]-[0057], Figures 3A-D, wherein the filter (20) of Figure 3A depicts filters for red and blue light and is associated with a coating C1 which transmits visible light while reflecting IR light so that IR light is guided towards IR filter F3, being an IR filter 25 or 27; Figure 3A). Their system provides for accurate imaging where there is no need for temporal subsampling (Abstract; paragraph [0027]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the pixel-level broadband infrared cutoff filter comprises a coating configured to adhere to a surface of the second pixel, as taught by Meester, in order to provide accurate imaging where there is no need for temporal subsampling (Abstract; paragraph [0027]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al. in view of Ikehara et al. and Kato, as applied to claim 1 above, and further in view of Fengler et al. (US Pub No. 2017/0209050).
With regards to claim 15, as discussed above, the above combined references meet the limitations of claim 1. However, the above combined references do not specifically disclose that the narrowband cutoff filter comprises a glass filter that covers the first, second, third and fourth pixels.
Fengler et al. disclose a fluorescence imaging system that comprises a fluorescence excitation light blocking filter (228) that may include at least one substrate (e.g., glass substrate) with one or more dielectric coatings, which may be configured to block light in a selected waveband and wherein the filter may be a multi-band notch filter (910) having multiple dielectric coatings (911) with alternating high and low refractive indexes on a glass substrate (912) which collectively block multiple wavebands of light corresponding of excitation of multiple types of fluorophores (Abstract; paragraph [0096]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the narrowband cutoff filter of the above combined references comprise a glass filter that covers the first, second, third and fourth pixels, as taught by Fengler et al., in order to block multiple wavebands of light corresponding to excitation of multiple types of fluorophores (paragraph [0096]).
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5-8 and 10-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,268,469. Although the claims at issue are not identical, they are not patentably distinct from each other because although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is generic to all that is recited in claims 1-2, 5 and 7-8 of the Patent. That is, claims 1-2, 5 and 7-8 of the Patent falls entirely within the scope of instant claim 1, or in other words, instant claim 1 is anticipated by claims 1-2, 5 and 7-8 of the Patent. Specifically, because claims 1-2, 5 and 7-8 of the Patent claims the same structure (i.e. an image sensor [Patent claim 2], visible light illumination system, fluorescence excitation illumination system [Patent claim 1], a pixel-level broadband infrared cutoff filter [Patent claim 5], and a narrowband cutoff filter [Patent claims 7-8]), as claimed in instant claim 1, the system of instant claim 1 is anticipated by claims 1-2, 5 and 7-8 of the Patent.
With regards to instant claim 2, claim 1 of the Patent sets forth the same limitations.
With regards to instant claim 3, claim 1 of the Patent sets forth the same limitations.
With regards to instant claim 5, claim 1 of the Patent sets forth the same limitations.
With regards to instant claim 6, claim 12 of the Patent sets forth the same limitations.
With regards to instant claim 7, claim 13 of the Patent sets forth the same limitations.
With regards to instant claim 8, claim 1 of the Patent sets forth the same limitations.
With regards to instant claim 10, claim 2 of the Patent sets forth the same limitations.
With regards to instant claim 11, claim 3 of the Patent sets forth the same limitations.
With regards to instant claim 12, claim 4 of the Patent sets forth the same limitations.
With regards to instant claim 13, claim 6 of the Patent sets forth the same limitations.
With regards to instant claim 14, claim 7 of the Patent sets forth the same limitations.
With regards to instant claim 15, claim 9 of the Patent sets forth the same limitations.
With regards to instant claim 16, claim 10 of the Patent sets forth the same limitations.
With regards to instant claim 17, claim 11 of the Patent sets forth the same limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sendai (US Pub No. 2006/0247535) disclose a fluorescence detecting system comprising a mosaic filter (109) comprising a plurality of R-filters, G-filters, B-filters and IR-filters (Abstract; paragraph [0056]; Figure 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE L FERNANDEZ whose telephone number is (571)272-1957. The examiner can normally be reached Monday-Friday 9:00 AM - 5:30 PM (ET).
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, Pascal Bui-Pho can be reached at (571) 272-2714. 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.
/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798
Prosecution Insights