DETAILED ACTION
Notice of 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 .
Election/Restrictions
Applicant’s election without traverse of claims 5 (Species Ib) and 17 (Species IIc) in the reply filed on 03/05/2026 is acknowledged.
Claim Objections
Claim 12 is objected to because of the following informalities: “wavelength” should be “wavelengths”. 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.
Claim(s) 9, 10, 11, and 14 is/are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 9, “the four-dimensional data array” lacks proper antecedent basis.
Regarding claim 10, “the data array” lacks proper antecedent basis.
Regarding claim 11, “The reflectance part” lacks proper antecedent basis.
Regarding claim 14, “advanced”, “traditional”, and “effort” are indefinite because the bounds of these terms are not clearly defined. The limitations, “the optical illumination” and “acquisition wavelengths” lack proper antecedent basis.
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) 2, 3, 5, 7, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Santori (US 2017/0343477).
Regarding claim 2, Santori discloses a hyperexcitation hyperspectral imaging system for analyzing a sample, comprising: a light source sequentially illuminating the sample by different wavelengths of lights; and an imaging device receiving light from the sample and sequentially capturing multiple spectral planes at the different wavelengths of light ([0052]…[0063]: “4-D hyperspectral-imaging dataset”, Figs. 1 and 2).
Regarding claim 3, Santori discloses a first optical component configured to direct light from the light source to the sample; and a second optical component configured to receive light from the sample and direct the light to said imaging device (Fig. 3 shows two separate optical trains for irradiation and detection).
Regarding claim 5, Santori discloses that the first optical component is different than the second optical component (Fig. 3 shows two separate optical trains for irradiation and detection).
Regarding claim 7, Santori discloses that the imaging device comprises a hyperspectral camera capable of acquiring multiple spectral planes sequentially ([0052]…[0063]: “4-D hyperspectral-imaging dataset”).
Regarding claim 9, Santori discloses that the four-dimensional data array created by said imaging device includes excitation and emission data for each pixel ([0052]…[0063]: “4-D hyperspectral-imaging dataset”, Figs. 1 and 2).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Demos (US 2010/0020319).
Regarding claim 12, Demos discloses a hyper-excitation hyperspectral imaging (HE-HIS) spectral imaging system ([0016]: “hyperspectral imaging”) for use with a sample, the system comprising: a tunable filter or tunable light source providing multiple illumination wavelength of light across the entire UV-VIS-IR range to a sample ([0009]: “Tunable laser sources”; [0027]: “spanning ultraviolet, visible, and near infrared spectral regions”); a hyperspectral camera receiving light from the sample and capturing images at multiple wavelengths of light ([0016]: “hyperspectral imaging”, “different wavelengths”); and a processing device configured to analyze the reflectance, excitation, and emission fluorescence spectra from each pixel of the image ([0016], [0027]: “processing”).
Regarding claim 13, Demos discloses a broadband light source providing light to the sample ([0016], [0027]: “broad”); an imaging device capturing light from the sample in response to the broadband light to provide reflectance spectra; said processing device combining the reflectance spectra and the fluorescence spectra ([0016], [0027]: “processing”).
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santori (US 2017/0343477) in view of Mestha (US 2012/0200682).
Regarding claim 1, Santori discloses a hyperexcitation hyperspectral imaging system for analyzing a sample, comprising: a light source sequentially illuminating the sample by different wavelengths of light; and an imaging device receiving light from the sample and capturing multiple spectral planes at the different wavelengths of light ([0052]…[0063]: “4-D hyperspectral-imaging dataset”, Figs. 1 and 2). Santori does not explicitly disclose simultaneously capturing multiple spectral planes. However, Mestha teaches simultaneous capture of spectral planes using a hyperspectral camera ([0015]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the simultaneous capture of Mestha to the hyperspectral imaging of Santori, as to provide robust capture of hyperspectral data.
Regarding claim 6, Santori does not explicitly disclose that the imaging device comprises a snapshot hyperspectral camera and acquires multiple spectral planes simultaneously from the light directed by said second optical component. However, Mestha teaches simultaneous capture of spectral planes using a hyperspectral camera ([0015]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the simultaneous capture of Mestha to the hyperspectral imaging of Santori, as to provide robust capture of hyperspectral data.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santori (US 2017/0343477) in view of Mestha (US 2012/0200682), as applied to claim 1 above, in view of Demos (US 2010/0020319).
Regarding claim 8, neither Santori nor Mestha explicitly disclose that the light includes ultraviolet, visible, and infrared light. However, Demos teaches a broad-spectrum light source that includes ultraviolet, visible, and near infrared for hyperspectral data acquisition ([0027]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the broad spectrum source of Demos to the source of Santori, as to provide a robust and broadband light source.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santori (US 2017/0343477) in view of Mestha (US 2012/0200682), as applied to claim 1 above, in view of Darty (US 2015/0051498).
Regarding claim 10, neither Santori nor Mestha explicitly disclose receiving a data array from the imaging device and to provide spectrally unmixed image output. However, Darty teaches certain images that correspond to specific wavelengths or bands of wavelength ([0062]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the band images of Darty to the system of Santori, as to provide spectrally resolved images.
Regarding claim 11, neither Santori nor Mestha explicitly disclose a first polarizer configured to receive light from said light source and pass light oscillating in a specific desired plane to the sample; and a second polarizer configured to receive light from the sample, block light oscillating in planes other than a specific desired plane, and pass light oscillating at the specific desired plane to said imaging device. However, Darty teaches the use of polarizers in front of both a light source and a light detector in a hyperspectral imaging system ([0150]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the polarizers of Darty to the system of Santori, as to provide the ability to polarize light.
Claim(s) 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Demos (US 2010/0020319).
Regarding claim 14, while Demos does not explicitly disclose using an advanced data processing algorithm to identify targets previously indistinguishable by traditional hyperspectral imaging alone and reduce the amount of effort needed to find the optimal illumination and acquisition wavelengths, Demos teaches the upgrade and extension of the capabilities of hyperspectral systems including in vivo imaging ([0007], [0017]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the advancement of Demos, as to provide an improved hyperspectral imaging system.
Regarding claim 17, Demos discloses an endoscopic imaging device ([0029]), but does not explicitly disclose a percutaneous imaging device configured as a surgical tool. However, it is well-known in the art that percutaneous tools may be carried and delivered using endoscopic devices. Percutaneous devices are also well-known surgical tools. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply percutaneous tools to the endoscope of Demos, as to provide robust surgical tools.
Conclusion
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/JASON M IP/Primary Examiner, Art Unit 3793
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