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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-20, and 22-24 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by U. S. Patent No. 10,438,356 to Dacosta.
Regarding Claim 1, 23, and 24, Dacosta teaches a method, system and program for image analysis comprising: obtaining access to a smartphone, wherein the smartphone includes an integrated color camera (fig. 6a teaches a smartphone camera); coupling an external light source to the smartphone, wherein the external light source emits at least one light wavelength capable of illuminating a material sample, wherein the at least one light wavelength excites a fluorescence response from the material sample, and wherein the fluorescence response comprises wavelengths along the Red-Green-Blue (RGB) light wavelength spectrum (col. 17 lines 1-32 teaches RGB excitation wavelength light); triggering the external light source (col. 17 lines 1-32 teaches multiple excitation wavelength light); capturing an illumination signature of the material sample, by the integrated color camera, in response to the external light source that was triggered (fig. 6a teaches external light source connected to smartphone and col. 17 lines 1-32 teaches multiple excitation wavelength light); and generating an output indicative of biophysical status of the material sample, wherein the output is based on analysis of the illumination signature that was captured (col. 2 lines 7-55 and fig. 7a and 7b teaches generating an output based on analysis).
Regarding Claim 2, Dacosta teaches comprising augmenting the analysis of the illumination signature using depth-sensing technology integrated within the smartphone (col. 14 line 10-30 teaches depth sensing technology).
Regarding Claim 3, Dacosta teaches that the depth-sensing technology comprises a component of a smartphone camera system (fig. 1 and ocl. 14 lines 10-30 teaches smartphone with depth sensing technology).
Regarding Claim 4, Dacosta teaches that the depth-sensing technology enables correction of the biophysical status due to inverse square law energy falloff of the fluorescence response (col. 11 line 50 through col. 12 line 45 teaches correcting distance between imaging device and target).
Regarding Claim 6, Dacosta teaches that the capturing an illumination signature is initiated using wireless communication between the external light source and the smartphone (fig. 6a and fig. 38 teaches external light source).
Regarding Claim 7, Dacosta teaches that the capturing an illumination signature is initiated using a bar code reader by a sensor coupled to the external light source (fig. 26 teaches bar code for illumination signature).
Regarding Claim 8, Dacosta teaches that the material sample comprises an in situ skin wound (col. 39 lines 51-65 teaches skin wound analysis).
Regarding Claim 9 and 10, Dacosta teaches an additional output for a material sample comprising the biochemical assay of wound analytes is analyzed in conjunction with the output indicative of biophysical status of the material sample (col. 36 lines 26-33 teaches biochemical assay for wound analyte analysis).
Regarding Claim 11, Dacosta teaches that the external light source emits at least one additional light wavelength to illuminate the material sample (col. 17 lines 1-32 teaches multiple excitation wavelength light).
Regarding Claim 12, Dacosta teaches that the at least one additional light wavelength is used to capture an absorption response of the material sample (col. 17 lines 1-32 teaches multiple excitation wavelength light).
Regarding Claim 13, Dacosta teaches comprising augmenting the output, based on an analysis of the absorption response (col. 26 lines 54-65 teaches analysis of absorption response).
Regarding Claim 14, Dacosta teaches the at least one additional light wavelength comprises three additional light wavelengths comprising a blue-band light wavelength, a green-band light wavelength, and a red-band light wavelength (col. 17 lines 1-32 teaches red, blue, green wavelength).
Regarding Claim 15, Dacosta teaches that the external light source emits at least one further additional light wavelength, wherein the at least one further additional light wavelength comprises an infrared-band light wavelength (col. 17 lines 1-32 teaches infrared excitation light).
Regarding Claim 16, Dacosta teaches triggering, the capturing, and/or the generating are performed by an app loaded on the smartphone (col. 40 lines 1-35 teaches an app on smartphone to trigger, capture and generating image).
Regarding Claim 17, Dacosta teaches triggering, the capturing, and/or the generating are initiated externally to the smartphone (col. 40 lines 1-35 teaches remote trigger, capture and generating image).
Regarding Claim 18, Dacosta teaches capturing a thermal image of the material sample using an infrared sensor coupled to the external light source (col. 12 lines 1-5 teaches infrared sensors).
Regarding Claim 19, Dacosta teaches augmenting the output, based on an analysis of the thermal image (col. 32 lines 2-20 teaches thermal image).
Regarding Claim 21, Dacosta teaches that the at least one light wavelength that excites fluorescence characteristics of the material sample is substantially a 405nm light wavelength (col. 17 lines 1-32 teaches 405nm excitation light).
Regarding Claim 22, Dacosta teaches that the additional light wavelength enables differentiation between the presence of reduced nicotinamide adenine dinucleotide (NADH) and connective tissue (col. 26 lines 54-65 teaches NADH and connective tissue imaging).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent No. 10,438,356 to Dacosta in view of U. S. Publication No. 2021/0012172 to Beitel.
Regarding Claim 5, Dacosta teaches all of the above claimed limitations but does not expressly teach capturing an illumination signature is initiated by a series of flashes from the external light source.
Beitel teaches capturing an illumination signature is initiated by a series of flashes from the external light source (para 0053).
It would be obvious to one of ordinary skill in the art at the time of filing to modify Dacost with capturing an illumination signature initiated with a series of flashes as taught by Beitel, since such a setup would result in more uniform imaging as illumination signature is captured resulting in the imaging being consistent as its calibrated.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent No. 10,438,356 to Dacosta in view of U. S. Publication No. 2024/0027417 to Vasefi et al.
Regarding Claim 21 Dacosta teaches all of the above claimed limitations but does not expressly teach comprising adding an additional light wavelength to adjust the illumination signature, wherein the additional light wavelength is substantially a 365nm light wavelength (para 0127, 0137, 0166, and 0209 teaches 365nm light wavelength).
Vasefi teaches comprising adding an additional light wavelength to adjust the illumination signature, wherein the additional light wavelength is substantially a 365nm light wavelength (para 0127, 0137, 0166, and 0209 teaches 365nm light wavelength).
It would be obvious to one of ordinary skill in the art at the time of filing to modify Dacosta with an additional wavelength of 365 nm as taught by Vasefi, since uv light would result in fluorescence imaging, which would yield a predictable result of analyzing wounds healing in a subject.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798