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 .
Priority
The pending claims of the instant application have priority to 3/29/2019.
Allowable Subject Matter
Claims 5-14 and 16 would likely be allowable should the claims be clarified to overcome the indefiniteness rejection(s) set forth below.
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.
Claims 1-16 are 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.
Namely, in regard to claim 1, for example, the definition of the recited first region by the recitation of: a sectional shape of the first region being bounded by outermost light rays among light rays included in the reflected light incident on the objective cover and in focus with the imaging lens in a state in which the objective cover is in contact with the target, is indefinite on face because the region is defined by ephemeral light rays from a further indefinite set of light rays from reflected incident light on physical features, instead of defining the region by physical boundaries. Thus the bounds of the first region are indefinite, and this feature is interpreted broadly to define a region.
Because the second region is defined by the first region, the second region is also indefinite and interpreted as referring to region.
Similarly, for example, in regard to dependent claims 13-16, features such as shapes are defined by light rays, instead of physical aspects of the invention as illustrated in the figures. This leads to indefiniteness issues for the reasons set forth above. Generally, physical elements in the claims should be defined by physical elements as set forth in the drawings, to ensure clarity, definiteness, and so that the notice requirements of the claims to the public is fairly met.
Claim Rejections - 35 USC § 102
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 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)(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 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shinozaki (US 2019/0159678).
Regarding claim 1, Shinozaki discloses an imaging device (shown Figure 1, imaging device) comprising: an illumination device; (paragraph 0035, shown Figure 1, inspection module 115 provides illumination for imaging) and an imager, (paragraph 0035, shown Figure 1, imaging device 106) the illumination device comprising: an objective cover (paragraph 0035, shown Figure 1, housing 115a is a housing cover) comprising a light transmissive member; (paragraph 0038, shown Figure 1, transparent protection member 101 formed in housing 115a) and at least one light source located nearer the imager than the objective cover and configured to illuminate a target through the objective cover; (shown Figure 1, illumination LEDs 103/103a are located nearer lens 104 than transparent member 101, and illuminate through the objective cover as shown by trace 102a) and the imager comprising: an image sensor configured to image the target; (paragraph 0036, shown Figure 1, image sensor 120 for target imaging) and an imaging lens configured to form an image of the target on the image sensor,
(paragraph 0036, shown Figure 1, lens system 105 and 104) wherein: the objective cover directs reflected light reflected from the target and incident on a front surface of the objective cover to the imaging lens, whereby the image of the target is formed on the image sensor based on the reflected light received through the objective cover, (paragraphs 0043/0044, shown Figure 1, light from LEDs reaches target through transparent member 101, through which it is reflected and directed back to sensor 120) a first region is defined outside the illumination device on a target side of the objective cover, (shown Figure 1, region outside and external to transparent member 101) a sectional shape of the first region being bounded by outermost light rays among light rays included in the reflected light incident on the objective cover and in focus with the imaging lens in a state in which the objective cover is in contact with the target, (as discussed above, this is indefinite; shown Figure 1, region outside and external to transparent member 101) a second region is defined inside the illumination device on an imager side of the objective cover, (as discussed above, this is indefinite because it is defined relative to the first region which is indefinite; shown Figure 1, a corresponding region formed interior to housing 115a) a sectional shape of the second region and the sectional shape of the first region are symmetrical with respect to the front surface of the objective cover as an axis of symmetry, (again this is indefinite, but is merely the defining of congruent regions; shown Figure 1, artificial regions may be congruently defined using transparent member 101) and the at least one light source is located outside the second region along a direction orthogonal to an optical axis of the imager. (as discussed above, the second region is indefinite, from figures 4 and 5 of the specification, it is inferred the second region is defined by light transmissive member 132; Abstract, shown Figure 1, LEDs 103 interior to device 115 and positioned around second region defined by corresponding light transmissive member 101)
Regarding claim 2, Shinozaki discloses wherein the at least one light source includes a plurality of light sources arranged symmetrical to one another about an optical axis of the imager in a direction orthogonal to the optical axis of the imager. (shown Figure 2, LEDs 103 arranged in symmetric circle around optical axis of imager)
Regarding claim 3, Shinozaki discloses wherein each of the plurality of light sources is located to emit light directed toward the objective cover to focus on an overall area of the objective cover. (shown Figure 1, paragraph 0043, LEDs illuminate through transparent cover 101, and so focus on the front of the cover)
Regarding claim 4, Shinozaki discloses wherein the plurality of light sources include at least one type of light source selected from the group consisting of a light source to emit visible light, a light source to emit ultraviolet light, and a light source to emit polarized light of visible light. (paragraph 0039/0040, light sources may be white LEDs, visible light LEDs, or any other known)
Regarding claim 15, Shinozaki discloses wherein the at least one light source is located at a position in an interior of the illumination device that does not overlap with the second region. (as discussed above, the second region is indefinite, from figures 4 and 5 of the specification, it is inferred the second region is defined by light transmissive member 132; Abstract, shown Figure 1, LEDs 103 interior to device 115 and positioned around second region defined by corresponding light transmissive member 101)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kasprzak (US 2021/0161390) discloses LEDS may be located forward and rear in dermoscope.
Chen (US 2016/0366316) discloses LEDS may be located at rear in dermoscope.
Nakamura (US 2016/0296119) discloses LEDS may be located at rear in dermoscope.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER KINGSBURY GLOVER whose telephone number is (303)297-4401. The examiner can normally be reached Monday-Friday 8-6 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached at 571 272 2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER KINGSBURY GLOVER/ Examiner, Art Unit 2485
/JAYANTI K PATEL/
Supervisory Patent Examiner, Art Unit 2485
June 6, 2026
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