DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 01/17/2025 for application number 19/030,862. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 01/17/2025, 03/12/2025 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. 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).
5. 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).
6. 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.
7. Claims 1-6, 9-11, 13-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,201,270. Although the claims at issue are not identical, they are not patentably distinct from each other: Table 1 shows comparison between the instant claims and the U.S. Patent 12,201,270 B1 claims.
Re. Claim 1 and 18:
A system for imaging tissue of a subject, the system comprising: an illumination source; and an imaging apparatus that comprises an electronic rolling shutter imager, the imaging apparatus being configured for: sequentially resetting rows of pixels of the rolling shutter imager from a first row to a last row, sequentially reading charge accumulated at the rows of pixels from the first row to the last row, wherein the first row is read after resetting the last row, controlling the illumination source to illuminate the tissue of the subject for an illumination period that lasts longer than a vertical blanking period, wherein the vertical blanking period is the period from the resetting of the last row to the reading of the first row, and generating an image frame from the readings of charge accumulated at the rows of pixels, wherein at least one reading of charge accumulated at a row of pixels is removed or replaced to generate the image frame, wherein the imaging apparatus is configured for adjusting a gain of the rolling shutter imager based on readings of charge accumulated at the rows of pixels during a previous frame.
Re. Claim 1, A system for imaging tissue of a subject, the system comprising: an illumination source; and an imaging apparatus that comprises an electronic rolling shutter imager, the imaging apparatus being configured for: sequentially resetting rows of pixels of the rolling shutter imager from a first row to a last row, sequentially reading charge accumulated at the rows of pixels from the first row to the last row, wherein the first row is read after resetting the last row, controlling the illumination source to illuminate the tissue of the subject for an illumination period that lasts longer than a vertical blanking period, wherein the vertical blanking period is the period from the resetting of the last row to the reading of the first row, and wherein the illumination period ends at or after an end of the vertical blanking period, and generating an image frame from the readings of charge accumulated at the rows of pixels, wherein at least one reading of charge accumulated at a row of pixels is removed or replaced to generate the image frame.
Re. Claim 2, The system of claim 1, wherein the imaging apparatus comprises a camera control unit connected to an imaging head that includes the rolling shutter imager.
Re. Claim 2, The system of claim 1, wherein the imaging apparatus comprises a camera control unit connected to an imaging head that includes the rolling shutter imager.
Re. Claim 3, The system of claim 1, wherein the illumination source is configured for pulse width modulated illumination and the camera control unit generates a pulse width modulation waveform for controlling the illumination source.
Re. Claim 3, The system of claim 1, wherein the illumination source is configured for pulse width modulated illumination and the camera control unit generates a pulse width modulation waveform for controlling the illumination source.
Re. Claim 4 and 19, The system of claim 1, wherein the illumination period begins prior to the resetting of the last row.
Re. Claim 5 and 20, The system of claim 1, wherein the illumination period ends after the reading of the first row.
Re. Claim 4, The system of claim 1, wherein the illumination period begins prior to the resetting of the last row.
Re. Claim 5, The system of claim 1, wherein the illumination period ends after the reading of the first row.
Re. Claim 6 and 21, The system of claim 1, wherein the illumination period begins at least when the vertical blanking period begins.
6. The system of claim 1, wherein the illumination period begins at least when the vertical blanking period begins.
Re. Claim 9 and 24, The system of claim 1, wherein the at least one reading of charge accumulated at a row of pixels is replaced by at least one predetermined value to generate the image frame.
9. The system of claim 1, wherein the at least one reading of charge accumulated at a row of pixels is replaced by at least one predetermined value to generate the image frame.
Re. Claim 10 and 25, The system of claim 1, wherein at least one reading of charge accumulated at a row of pixels is removed by cropping to generate the image frame.
Re. Claim 10, The system of claim 1, wherein at least one reading of charge accumulated at a row of pixels is removed by cropping to generate the image frame.
Re. Claim 11 and 26 The system of claim 1, wherein the imaging apparatus is configured for controlling the illumination source to illuminate the tissue of the subject with fluorescence excitation light at least during a subsequent vertical blanking period and generating a fluorescence image frame based on light emitted from the tissue of the subject in response to the fluorescence excitation light.
Re. Claim 11, The system of claim 1, wherein the imaging apparatus is configured for controlling the illumination source to illuminate the tissue of the subject with fluorescence excitation light at least during a subsequent vertical blanking period and generating a fluorescence image frame based on light emitted from the tissue of the subject in response to the fluorescence excitation light.
13. The system of claim 1, wherein controlling the illumination source to illuminate the tissue of the subject with illumination light comprises controlling the illumination source to pulse the illumination light.
Re. Claim 13, The system of claim 1, wherein controlling the illumination source to illuminate the tissue of the subject with illumination light comprises controlling the illumination source to pulse the illumination light.
Re. Claim 14 and 30, The system of claim 13, wherein the imaging apparatus is configured for controlling a pulse width of the pulsed illumination light based on readings of charge accumulated at the rows of pixels during a previous frame.
Re. Claim 15, The system of claim 14, wherein the imaging apparatus is configured for controlling a pulse width of the pulsed illumination light based on readings of charge accumulated at the rows of pixels during a previous frame.
15. The system of claim 1, wherein the imaging apparatus is an endoscopic imager.
Re. Claim 17, The system of claim 1, wherein the imaging apparatus is an endoscopic imager.
Re. Claim 16 and 32, The system of claim 1, wherein the rolling shutter imager comprises a mechanical shutter and the mechanical shutter remains at least partially open from before the illumination period begins until after the illumination period ends.
Re. Claim 18, The system of claim 1, wherein the rolling shutter imager comprises a mechanical shutter and the mechanical shutter remains at least partially open from before the illumination period begins until after the illumination period ends.
Re. Claim 17. The system of claim 16, wherein the imaging apparatus is configured for reducing an amount of light received at the rolling shutter imager by operating the mechanical shutter.
Re. Claim 19, The system of claim 18, wherein the imaging apparatus is configured for reducing an amount of light received at the rolling shutter imager by operating the mechanical shutter.
Claim Rejections - 35 USC § 103
4. 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.
5. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
6. 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.
7. Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al., [US Pub. No.: 2014/0225998 A1] in view of Jiang et al., [US Pub. No.: 2014/0313386 A1].
Re. Claim 1, Dai et al., [US Pub. No.: 2014/0225998 A1] discloses:
A method of imaging tissue of a subject using an electronic rolling shutter imager [The endoscope probe includes a CMOS pixel array 502 that is to use an electrical rolling shutter to acquire images |0041], the method comprising: sequentially resetting rows of pixels of the rolling shutter imager from a first row to a last row [Rows are reset one by one sequentially to a last row |Fig. 10];
sequentially reading charge accumulated at the rows of pixels from the first row to the last row [Rows are readout one by one sequentially |Fig. 10], wherein the first row is read after resetting the last row [after a previous is read after resetting the last row | Fig. 10];
illuminating the tissue of the subject with illumination light for an illumination period that lasts longer than a vertical blanking period [light source 1322 for illuminating an subject… the duration of light may be controlled by the light duration control unit 1363 exerting control over an on/off control 1355 of the light source 1322… the duration of the vertical blanking period may be changed (e.g., increased or decreased). |Fig.13, 0084, 0086], wherein the vertical blanking period is the period from the resetting of the last row to the reading of the first row [vertical blanking period from reset of the last row to the reading of the first row | Fig. 11, el 1136];
and generating an image frame from the readings of charge accumulated at the rows of pixels [accumulates charge and the time when the last row of pixels photo-generates and accumulates charge within the same image frame such that the first and last rows of pixels may image the object in motion when it is located at different positions.|0045],
Dai does not distinctly disclose:
wherein at least one reading of charge accumulated at a row of pixels is removed or replaced to generate the image frame.
However, in the same field endeavor Jiang discloses:
wherein at least one reading of charge accumulated at a row of pixels is removed or replaced to generate the image frame [readout row is removed from image frame generation |0034].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Dai with Jiang to provide a blooming protection to a CMOS imager having a pixel array of a plurality of pixels arranged in rows and columns, where the CMOS imager is operable to capture high dynamic range images using a rolling shutter[Abstract].
Re. Claim 2, Dai discloses:
The system of claim 1, wherein the imaging apparatus comprises a camera control unit connected to an imaging head that includes the rolling shutter imager [The CMOS pixel array 102 commonly uses an electrical rolling shutter. During the image acquisition process, the CMOS pixel array may be exposed to constant and/or continuous light 107 and the electrical rolling shutter may control the amount of exposure that the pixels of the CMOS pixel array are subjected to under the constant/continuous light. |0008].
Re. Claim 3, Dai discloses:
The system of claim 1, wherein the illumination source is configured for pulse width modulated illumination and the camera control unit generates a pulse width modulation waveform for controlling the illumination source [The light duration period 1510 of the illumination pattern 1501 at the left side of FIG. 15 is continuous. To reduce the duration of light, instead of providing continuous light, the light duration control unit 1363 may control the light source 1322 to provide light in a series of pulses 1530, shown as the illumination pattern 1502 at the right side of FIG. 15. The resulting light duration period 1520 of pattern 1502 contains less illumination time than the light duration period 1510 of pattern 1501. |Fig. 15, 0032, 0087].
Allowable Subject Matter
8. Claims 4-32 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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, Sathyanarayanan Perungavoor can be reached at 5712727455. 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.
HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488