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 .
Status of Claims
Claims 21-40 are pending, claims 1-20 have been cancelled, and claims 21-40 are currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a detector optically coupled to the detection optical fiber; a camera configured to image in near infrared” (in claim 21) and “a detector operably coupled…process fluorescence signals detected by the detector; a camera configured to image in near infrared” (claim 27) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-34 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 21, the limitation “a detector optically coupled to the detection optical fiber; a camera configured to image in near infrared” is not described in the specification. The specification describes a detector that is an infrared camera ([0041] | [0057]). The specification does not describe an infrared camera and a detector. Therefore, claim 21 fails to comply with the written description requirement. Claims 22-26 are rejected due to their dependence on claim 21.
Regarding claim 27, the limitation “a detector …process fluorescence signals detected by the detector; a camera configured to image in near infrared” ” is not described in the specification. The specification describes a detector that is an infrared camera ([0041] | [0057]). The specification does not describe an infrared camera and a detector. Therefore, claim 27 fails to comply with the written description requirement. Claims 28-34 are rejected due to their dependence on claim 27.
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 21-34 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.
Regarding claims 21 and 27, the limitations “a detector optically coupled to the detection optical fiber; a camera configured to image in near infrared” (in claim 21) and “a detector…process fluorescence signals detected by the detector; a camera configured to image in near infrared” (in claim 27) is unclear. It is unclear if the detector and the camera are supposed to be the same feature (both are for fluorescent/near infrared imaging). Claims 22-26 and 28-34 are rejected due to their dependency on claims 21 and 27.
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.
Claim(s) 21-23, 25, 27-29, 32-33, 35, and 37-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frangioni (US 2005/0182321).
Regarding claim 21, Frangioni discloses a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) having a probe body (311, figure 3) defining a distal end portion (see distal end portion of 311, figure 3) configured to be placed in contact with or in proximity to tissue of interest (see 306, figure 3), the probe including an emission optical fiber (see cables from 302 and 304 to 307, figure 3) and a detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1); an emitter (302 and 304, figure 3) optically coupled to the emission optical fiber and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a detector (322, figure 3) optically coupled to the detection optical fiber; a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]).
Regarding claim 22, Frangioni further discloses first and second optical elements (314 and 316, figure 3) configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold (first filter 114…785 nm dichroic mirror…second filter 116 may be an 810 nm ± 20 nm near-infrared emission filter [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113]) or outside of a pre- determined wavelength range.
Regarding claim 23, Frangioni further discloses first and second optical elements (314 and 316, figure 3) configured to filter out electromagnetic radiation below a pre- determined wavelength threshold of about 800 nm (first filter 114…785 nm dichroic mirror…reflects visible light [0102] | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Regarding claim 25, Frangioni further discloses the probe does not include a filter (314 or 316, figure 3) disposed on an input side of the detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1 | interpreted filters 314 and 316 would be downstream of the detection optical fiber; see figure 3).
Regarding claim 27, Frangioni discloses a tissue detection system (see figure 3), comprising: a controller including a processor (microprocessors…adapted to use with the systems described herein [0108]); an emitter (302 and 304, figure 3) operably coupled to the controller (adapted to use…[0108]) and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]), wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]); a detector (322, figure 3) operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector (see 35 USC 112a and 112b Rejection above | an image…video camera 322…infrared camera 320…diagnostic image based upon the distribution of the dye [0113] | fluorescent dyes [0111]); a camera configured to image in near infrared (IR) (320, figure 3); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]).
Regarding claim 28, Frangioni further discloses first and second filters (314 and 316, figure 3) configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold (first filter 114…785 nm dichroic mirror…second filter 116 may be an 810 nm ± 20 nm near-infrared emission filter [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113]) or outside of a pre-determined wavelength range.
Regarding claim 29, Frangioni further discloses first and second filters (314 and 316, figure 3), wherein at least one of the first or second filters is angled relative to an optical axis of the detection optical fiber (see 314, figure 3).
Regarding claim 32, Frangioni further discloses first and second filters (314 and 316, figure 3) configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm (first filter 114…785 nm dichroic mirror…reflects visible light [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113] | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Regarding claim 33, Frangioni further discloses a probe (endoscopic tool [0114]; 311, figure 3) having a distal end portion (see distal end portion of 311, figure 3) configured to be placed in contact with or in proximity to tissue (see 306, figure 3), the probe including an emission optical fiber (see cables from 302 and 304 to 307, figure 3) and a detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1).
Regarding claim 35, Frangioni discloses a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) including an emission optical fiber (see cables from 302 and 304 to 307, figure 3); an emitter (302 and 304, figure 3) optically coupled to an input end of the emission optical fiber (see figure 3) and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]).
Regarding claim 37, Frangioni further discloses a Long- Pass (LP) filter (first filter 114…785 nm dichroic mirror that transmits near-infrared light and reflects visible light [0102]).
Regarding claim 38, Frangioni further discloses a single filter (314, figure 3) configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm (first filter 114…785 nm dichroic mirror…reflects visible light [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113] | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
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.
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.
Claim(s) 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Frangioni (US 2005/0182321) as applied to claim 27 above, and further in view of Leblond (US 2020/0284657) and Heaton (US 8,938,279).
Regarding claim 30, Frangioni further discloses first and second filters (first filter 114…785 nm dichroic mirror…second filter 116 may be an 810 nm ± 20 nm near-infrared emission filter [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113]). Frangioni is silent regarding the first and second filters defining a collective Optical Density (OD) of at least about 9 without any one of the first or second filters defining an individual OD of more than about 6.
Leblond teaches a system (200, figure 7 | 300, figure 11) with filters. The system can have a long-pass filter (238, figure 7) that transmits wavelengths greater than 800 nm and has an optical density (OD) greater than 5 ([0078]). Leblond also teaches a 785 ± 3 nm laser line filter (326, figure 11) that has an optical density greater than 5 ([0086]).
Heaton teaches optical filters can have any density (Col. 17, line 53). Two or more optical filters may be combined to produce a desired optical density (Col. 17, lines 58-59). Generally, optical densities are additive (Col. 17, lines 59-60).
It would have been obvious to modify the filters of Frangioni to have an optical density greater than 5 for the first filter (longpass filter/dichroic mirror) and an optical density greater than 5 for the second filter (filter for specific wavelength) as taught by Leblond. Doing so would provide filters with the appropriate optical density to block/absorb light ([0078] and [0086]). Further, it would have been obvious to modify the system to use two or more optical filters with set optical density as taught by Heaton (Col. 17, lines 53 and 58-59). Doing so would produce a desired optical density (Col. 17, lines 58-59). The modified system would have the first and second filters defining a collective Optical Density (OD) of at least about 9 (long-pass filter…OD>5 [0078]; laser line filter…OD>5 [0086] of Leblond | optical densities are additive; Col. 17, lines 59-60 of Heaton | modified collective optical density would be >10) without any one of the first or second filters defining an individual OD of more than about 6 (long-pass filter…OD>5 [0078]; laser line filter…OD>5 [0086] of Leblond | the modified filters can have an individual OD that is >6).
Regarding claim 31, Frangioni further discloses first and second filters (first filter 114…785 nm dichroic mirror…second filter 116 may be an 810 nm ± 20 nm near-infrared emission filter [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113]). Frangioni is silent regarding the first and second filters defining a collective Optical Density (OD) of at least about 12 without any one of the first or second filters defining an individual OD of more than about 6.
Leblond teaches a system (200, figure 7 | 300, figure 11) with filters. The system can have a long-pass filter (238, figure 7) that transmits wavelengths greater than 800 nm and has an optical density (OD) greater than 5 ([0078]). Leblond also teaches a 785 ± 3 nm laser line filter (326, figure 11) that has an optical density greater than 5 ([0086]).
Heaton teaches optical filters can have any density (Col. 17, line 53). Two or more optical filters may be combined to produce a desired optical density (Col. 17, lines 58-59). Generally, optical densities are additive (Col. 17, lines 59-60).
It would have been obvious to modify the filters of Frangioni to have an optical density greater than 5 for the first filter (longpass filter/dichroic mirror) and an optical density greater than 5 for the second filter (filter for specific wavelength) as taught by Leblond. Doing so would provide filters with the appropriate optical density to block/absorb light ([0078] and [0086]). Further, it would have been obvious to modify the system to use two or more optical filters with set optical density as taught by Heaton (Col. 17, lines 53 and 58-59). Doing so would produce a desired optical density (Col. 17, lines 58-59). The modified system would have the first and second filters defining a collective Optical Density (OD) of at least about 12 (long-pass filter…OD>5 [0078]; laser line filter…OD>5 [0086] of Leblond | optical densities are additive; Col. 17, lines 59-60 of Heaton | modified collective optical density would be >10, which can be at least about 12) without any one of the first or second filters defining an individual OD of more than about 6 (long-pass filter…OD>5 [0078]; laser line filter…OD>5 [0086] of Leblond | the modified filters can have an individual OD that is >6).
Claim(s) 36 is rejected under 35 U.S.C. 103 as being unpatentable Frangioni (US 2005/0182321) as applied to claim 35 above, and further in view of Leblond (US 2020/0284657)
Regarding claim 36, Frangioni further discloses a single filter (first filter 114…785 nm dichroic mirror [0102] | first filter…may be any of those components similarly described with reference to figure 1 [0113]). Frangioni is silent regarding the single filter defining an OD of at least about 12.
Leblond teaches a system (200, figure 7 | 300, figure 11) with filters. The system can have a long-pass filter (238, figure 7) that transmits wavelengths greater than 800 nm and has an optical density (OD) greater than 5 ([0078]).
It would have been obvious to modify the single filter of Frangioni to have an optical density greater than 5 for the first filter (longpass filter/dichroic mirror) as taught by Leblond. Doing so would provide a filter with the appropriate optical density to block/absorb light ([0078]). The modified system would have the single filter defining an OD of at least about 12 (long-pass filter…OD>5 [0078]; Leblond | the single filter can have an optical density that is at least about 12).
Claim(s) 24, 26, 34, and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Frangioni (US 2005/0182321) as applied to claims 21 and 33 and 35 above, and further in view of Perry (US 2024/0280490).
Regarding claim 24, Frangioni further discloses first and second optical elements configured to filter out electromagnetic radiation (314 and 316, figure 3). Frangioni is silent regarding the first and second optical elements configured to filter out electromagnetic radiation outside of a pre- determined wavelength range of about 808 to about 1000 nm.
Perry teaches an imaging system (100, figure 4) with main illumination (12a, figure 4) and contra-later illumination (12b, figure 4). Visible light is filtered by the primary dichroic shortpass filter (6, figure 4), and goes through a secondary dichroic filter (5, figure 4) and reaches the visible lens (11a, figure 4) and camera (10a, figure 4). Fluorescence light from the target gets reflected by the primary dichroic shortpass filter (6, figure 4) and then the secondary dichroic shortpass filter (5, figure 4), thus separated from the majority of visible light at the primary dichroic filter and then separated from the leaked visible light at the secondary dichroic filter ([0261]). The fluorescence light gets reflected at the NIR mirror (4, figure 4) and further filtered by a longpass filter (3, figure 4) before it reaches the NIR lens (11b, figure 4) and NIR camera (10b, figure 4). Perry further teaches a notch reject filter that passes all frequencies with the exception of those within a specified defined stop band which are greatly attenuated or not allowed to pass through the filter ([0157]). The notch block band is any width that does not block the bands of interest to the sensor, such as the fluorescence/emission band (800-950 nm) ([0157]).
It would have been obvious to modify the second optical element of Frangioni with the notch reject filter as taught by Perry ([0157]). Doing so would transmit the bands of interest to the sensor ([0157]). The modified system would have the first and second optical elements configured to filter out electromagnetic radiation outside of a pre- determined wavelength range of about 808 to about 1000 nm (notch blocking band…fluorescence/emission band…800-950 nm [0157]; Perry | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Regarding claim 26, Frangioni discloses all of the features in the current invention as shown above in claim 21. Frangioni is silent regarding a robotic surgical instrument operable to position the probe relative to the tissue of interest.
Perry teaches an imaging system (100, figure 4) with main illumination (12a, figure 4) and contra-later illumination (12b, figure 4). Visible light is filtered by the primary dichroic shortpass filter (6, figure 4), and goes through a secondary dichroic filter (5, figure 4) and reaches the visible lens (11a, figure 4) and camera (10a, figure 4). Fluorescence light from the target gets reflected by the primary dichroic shortpass filter (6, figure 4) and then the secondary dichroic shortpass filter (5, figure 4), thus separated from the majority of visible light at the primary dichroic filter and then separated from the leaked visible light at the secondary dichroic filter ([0261]). The fluorescence light gets reflected at the NIR mirror (4, figure 4) and further filtered by a longpass filter (3, figure 4) before it reaches the NIR lens (11b, figure 4) and NIR camera (10b, figure 4). The imaging device can be integrated into a surgical robot ([0008]).
It would have been obvious to modify the system to be integrated with a surgical robot as taught by Perry ([0008]). Doing so would improve surgical work flow ([0144]). The modified system would have a robotic surgical instrument (surgical robot [0008]; Perry) operable to position the probe relative to the tissue of interest (best seen with figure 21B).
Regarding claim 34, Frangioni discloses all of the features in the current invention as shown above in claim 33. Frangioni is silent regarding a robotic surgical instrument operable to position the probe relative to the tissue.
Perry teaches an imaging system (100, figure 4) with main illumination (12a, figure 4) and contra-later illumination (12b, figure 4). Visible light is filtered by the primary dichroic shortpass filter (6, figure 4), and goes through a secondary dichroic filter (5, figure 4) and reaches the visible lens (11a, figure 4) and camera (10a, figure 4). Fluorescence light from the target gets reflected by the primary dichroic shortpass filter (6, figure 4) and then the secondary dichroic shortpass filter (5, figure 4), thus separated from the majority of visible light at the primary dichroic filter and then separated from the leaked visible light at the secondary dichroic filter ([0261]). The fluorescence light gets reflected at the NIR mirror (4, figure 4) and further filtered by a longpass filter (3, figure 4) before it reaches the NIR lens (11b, figure 4) and NIR camera (10b, figure 4). The imaging device can be integrated into a surgical robot ([0008]).
It would have been obvious to modify the system to be integrated with a surgical robot as taught by Perry ([0008]). Doing so would improve surgical work flow ([0144]). The modified system would have a robotic surgical instrument (surgical robot [0008]; Perry) operable to position the probe relative to the tissue (best seen with figure 21B).
Regarding claim 39, Frangioni further discloses a single filter (316, figure 3) configured to filter out electromagnetic radiation. Frangioni is silent regarding the single filter configured to filter out electromagnetic radiation outside of a pre-determined wavelength range of about 808 to about 1000 nm.
Perry teaches an imaging system (100, figure 4) with main illumination (12a, figure 4) and contra-later illumination (12b, figure 4). Visible light is filtered by the primary dichroic shortpass filter (6, figure 4), and goes through a secondary dichroic filter (5, figure 4) and reaches the visible lens (11a, figure 4) and camera (10a, figure 4). Fluorescence light from the target gets reflected by the primary dichroic shortpass filter (6, figure 4) and then the secondary dichroic shortpass filter (5, figure 4), thus separated from the majority of visible light at the primary dichroic filter and then separated from the leaked visible light at the secondary dichroic filter ([0261]). The fluorescence light gets reflected at the NIR mirror (4, figure 4) and further filtered by a longpass filter (3, figure 4) before it reaches the NIR lens (11b, figure 4) and NIR camera (10b, figure 4). Perry further teaches a notch reject filter that passes all frequencies with the exception of those within a specified defined stop band which are greatly attenuated or not allowed to pass through the filter ([0157]). The notch block band is any width that does not block the bands of interest to the sensor, such as the fluorescence/emission band (800-950 nm) ([0157]).
It would have been obvious to modify the single filter of Frangioni with the notch reject filter as taught by Perry ([0157]). Doing so would transmit the bands of interest to the sensor ([0157]). The modified system would have the single filter configured to filter out electromagnetic radiation outside of a pre-determined wavelength range of about 808 to about 1000 nm (notch blocking band…fluorescence/emission band…800-950 nm [0157]; Perry | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Regarding claim 40, Frangioni discloses all of the features in the current invention as shown above in claim 35. Frangioni is silent regarding a robotic surgical instrument operable to position the probe relative to tissue.
Perry teaches an imaging system (100, figure 4) with main illumination (12a, figure 4) and contra-later illumination (12b, figure 4). Visible light is filtered by the primary dichroic shortpass filter (6, figure 4), and goes through a secondary dichroic filter (5, figure 4) and reaches the visible lens (11a, figure 4) and camera (10a, figure 4). Fluorescence light from the target gets reflected by the primary dichroic shortpass filter (6, figure 4) and then the secondary dichroic shortpass filter (5, figure 4), thus separated from the majority of visible light at the primary dichroic filter and then separated from the leaked visible light at the secondary dichroic filter ([0261]). The fluorescence light gets reflected at the NIR mirror (4, figure 4) and further filtered by a longpass filter (3, figure 4) before it reaches the NIR lens (11b, figure 4) and NIR camera (10b, figure 4). The imaging device can be integrated into a surgical robot ([0008]).
It would have been obvious to modify the system to be integrated with a surgical robot as taught by Perry ([0008]). Doing so would improve surgical work flow ([0144]). The modified system would have a robotic surgical instrument (surgical robot [0008]; Perry) operable to position the probe relative to the tissue (best seen with figure 21B).
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 21 and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9-10 of U.S. Patent No. 11,974,726. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 21, Abbas discloses a tissue detection system, comprising: a probe having a probe body defining a distal end portion configured to be placed in contact with or in proximity to tissue of interest (claim 1), the probe including an emission optical fiber (claim 1) and a detection optical fiber (claim 9); an emitter optically coupled to the emission optical fiber and configured to generate electromagnetic (EM) radiation (claim 1); a detector (video camera; claim 1) optically coupled to the detection optical fiber (claims 9-10); a camera configured to image in near infrared (IR) (IR camera; claim 1); a modulator configured to alter the EM radiation generated by the emitter (claim 1); and a demodulator configured to demodulate frames of images received from the camera (claim 1).
Regarding claim 35, Abbas discloses a tissue detection system (claim 1), comprising: a probe including an emission optical fiber (claim 1); an emitter optically coupled to an input end of the emission optical fiber (claim 1) and configured to generate electromagnetic (EM) radiation (claim 1); a camera configured to image in near infrared (IR) (IR camera; claim 1); a modulator configured to alter the EM radiation generated by the emitter (claim 1); and a demodulator configured to demodulate frames of images received from the camera (claim 1).
Claims 22-23, 25, and 37-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9-10 of U.S. Patent No. US 11,974,726 as applied to claims 21 and 35 above, and further in view of Frangioni (US 2005/0182321).
Regarding claim 22, Abbas discloses all of the features in the current invention as shown above in claim 21. Abbas is silent regarding first and second optical elements configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold or outside of a pre- determined wavelength range.
Frangioni teaches a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) having a probe body (311, figure 3) defining a distal end portion (see distal end portion of 311, figure 3) configured to be placed in contact with or in proximity to tissue of interest (see 306, figure 3), the probe including an emission optical fiber (see cables from 302 and 304 to 307, figure 3) and a detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1); an emitter (302 and 304, figure 3) optically coupled to the emission optical fiber and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a detector (322, figure 3) optically coupled to the detection optical fiber; a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have first and second optical elements (314 and 316, figure 3; Frangioni) configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold (first filter 114…785 nm dichroic mirror…second filter 116 may be an 810 nm ± 20 nm near-infrared emission filter [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113]) or outside of a pre- determined wavelength range.
Regarding claim 23, Abbas discloses all of the features in the current invention as shown above in claim 21. Abbas is silent regarding first and second optical elements configured to filter out electromagnetic radiation below a pre- determined wavelength threshold of about 800 nm.
Frangioni teaches a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) having a probe body (311, figure 3) defining a distal end portion (see distal end portion of 311, figure 3) configured to be placed in contact with or in proximity to tissue of interest (see 306, figure 3), the probe including an emission optical fiber (see cables from 302 and 304 to 307, figure 3) and a detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1); an emitter (302 and 304, figure 3) optically coupled to the emission optical fiber and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a detector (322, figure 3) optically coupled to the detection optical fiber; a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have first and second optical elements (314 and 316, figure 3) configured to filter out electromagnetic radiation below a pre- determined wavelength threshold of about 800 nm (first filter 114…785 nm dichroic mirror…reflects visible light [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113] | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Regarding claim 25, Abbas discloses all of the features in the current invention as shown above in claim 21. Abbas is silent regarding the probe does not include a filter disposed on an input side of the detection optical fiber.
Frangioni teaches a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) having a probe body (311, figure 3) defining a distal end portion (see distal end portion of 311, figure 3) configured to be placed in contact with or in proximity to tissue of interest (see 306, figure 3), the probe including an emission optical fiber (see cables from 302 and 304 to 307, figure 3) and a detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1); an emitter (302 and 304, figure 3) optically coupled to the emission optical fiber and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a detector (322, figure 3) optically coupled to the detection optical fiber; a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have the probe does not include a filter disposed on an input side of the detection optical fiber (optical guide...a first end with a lens that captures an image of a subject and a second end that couples the image to the electronic imaging device; claim 1 | interpreted filters 314 and 316 would be downstream of the detection optical fiber; see figure 3).
Regarding claim 37, Abbas discloses all of the features in the current invention as shown above in claim 35. Abbas is silent regarding a Long- Pass (LP) filter.
Frangioni discloses a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) including an emission optical fiber (see cables from 302 and 304 to 307, figure 3); an emitter (302 and 304, figure 3) optically coupled to an input end of the emission optical fiber (see figure 3) and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have a Long- Pass (LP) filter (314, figure 3 | first filter 114…785 nm dichroic mirror that transmits near-infrared light and reflects visible light [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113]).
Regarding claim 38, Abbas discloses all of the features in the current invention as shown above in claim 35. Abbas is silent regarding a single filter configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm.
Frangioni discloses a tissue detection system (see figure 3), comprising: a probe (endoscopic tool [0114]; 311, figure 3) including an emission optical fiber (see cables from 302 and 304 to 307, figure 3); an emitter (302 and 304, figure 3) optically coupled to an input end of the emission optical fiber (see figure 3) and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]); a camera (320, figure 3) configured to image in near infrared (IR); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have a single filter (314, figure 3) configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm (first filter 114…785 nm dichroic mirror…reflects visible light [0102]; Frangioni | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Claims 27-29 and 32-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11,974,726, in view of Frangioni (US 2005/0182321).
Regarding claim 27, Abbas discloses a tissue detection system (claim 1), comprising: an emitter configured to generate electromagnetic (EM) radiation (claim 1); a detector (video camera; claim 1 | see 112a and b rejection above); a camera configured to image in near infrared (IR) (near IR camera; claim 1); a modulator configured to alter the EM radiation generated by the emitter (claim 1); and a demodulator configured to demodulate frames of images received from the camera (claim 1). Abbas is silent regarding a controller including a processor; the emitter operably coupled to the controller, wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue; the detector operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector.
Frangioni teaches a tissue detection system (see figure 3), comprising: a controller including a processor (microprocessors…adapted to use with the systems described herein [0108]); an emitter (302 and 304, figure 3) operably coupled to the controller and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]), wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]); a detector (322, figure 3) operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector (see 35 USC 112a and 112b Rejection above | an image…video camera 322…infrared camera 320…diagnostic image based upon the distribution of the dye [0113] | fluorescent dyes [0111]); a camera configured to image in near infrared (IR) (320, figure 3); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with a controller including a processor ([0108]) and the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would process electronic signals ([0108]) and transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have a controller including a processor (microprocessors…adapted to use with the systems described herein [0108]; Frangioni); the emitter operably coupled to the controller (adapted to use…[0108]), wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]); the detector (322, figure 3) operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector (see 35 USC 112a and 112b Rejection above | an image…video camera 322…infrared camera 320…diagnostic image based upon the distribution of the dye [0113] | fluorescent dyes [0111]).
Regarding claim 28, Frangioni further teaches first and second filters (314 and 316, figure 3) configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold (first filter 114…785 nm dichroic mirror…second filter 116 may be an 810 nm ± 20 nm near-infrared emission filter [0102] | first filter, a second filter 316…may be any of those component similarly described with reference to figure 1 [0113]) or outside of a pre-determined wavelength range.
Regarding claim 29, Frangioni further teaches first and second filters (314 and 316, figure 3), wherein at least one of the first or second filters is angled relative to an optical axis of the detection optical fiber (see 314, figure 3).
Regarding claim 32, Frangioni further teaches first and second filters (314 and 316, figure 3) configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm (first filter 114…785 nm dichroic mirror…reflects visible light [0102] | first filter, a second filter 316…may be any of those components similarly described with reference to figure 1 [0113] | instant specification describes “about” encompass variations up to and including ± 10% [0005]).
Regarding claim 33, Abbas further discloses a probe having a distal end portion configured to be placed in contact with or in proximity to tissue (claim 1; Abbas), the probe including an emission optical fiber (claim 1; Abbas) and a detection optical fiber (claim 9).
Claims 21-25 and 35-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, and 14-18 of U.S. Patent No. 12,279,758. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 21, Abbas discloses a tissue detection system (claim 1), comprising: a probe having a probe body defining a distal end portion configured to be placed in contact with or in proximity to tissue of interest (claim 1), the probe including an emission optical fiber (claim 1) and a detection optical fiber (claim 1); an emitter optically coupled to the emission optical fiber and configured to generate electromagnetic (EM) radiation (claim 1); a detector (claim 1) optically coupled to the detection optical fiber (claim 1); a camera configured to image in near infrared (IR) (claim 1); a modulator configured to alter the EM radiation generated by the emitter (claim 1); and a demodulator configured to demodulate frames of images received from the camera (claim 1).
Regarding claim 22, Abbas further discloses first and second optical elements configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold or outside of a pre- determined wavelength range (claim 2).
Regarding claim 23, Abbas further discloses first and second optical elements configured to filter out electromagnetic radiation below a pre- determined wavelength threshold of about 800 nm (claim 3).
Regarding claim 24, Abbas further discloses first and second optical elements configured to filter out electromagnetic radiation outside of a pre- determined wavelength range of about 808 to about 1000 nm (claim 3).
Regarding claim 25, Abbas further discloses the probe does not include a filter disposed on an input side of the detection optical fiber (claim 5).
Regarding claim 35, Abbas discloses a tissue detection system (claim 14), comprising: a probe including an emission optical fiber (claim 14); an emitter optically coupled to an input end of the emission optical fiber and configured to generate electromagnetic (EM) radiation (claim 14); a camera configured to image in near infrared (IR) (claim 14); a modulator configured to alter the EM radiation generated by the emitter (claim 14); and a demodulator configured to demodulate frames of images received from the camera (claim 14).
Regarding claim 36, Abbas further discloses a single filter defining an OD of at least about 12 (claim 15).
Regarding claim 37, Abbas further discloses a Long- Pass (LP) filter (claim 16).
Regarding claim 38, Abbas further discloses a single filter configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm (claim 17).
Regarding claim 39, Abbas further discloses a single filter configured to filter out electromagnetic radiation outside of a pre-determined wavelength range of about 808 to about 1000 nm (claim 18).
Claims 27-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7, and 9-12 of U.S. Patent No. 12,279,758, in view of Frangioni (US 2005/0182321).
Regarding claim 27, Abbas discloses a tissue detection system (claims 1 and 7), comprising: an emitter configured to generate electromagnetic (EM) radiation (claims 1 and 7); a detector (claims 1 and 7); a camera configured to image in near infrared (IR) (claims 1 and 7); a modulator configured to alter the EM radiation generated by the emitter (claims 1 and 7); and a demodulator configured to demodulate frames of images received from the camera (claims 1 and 7). Abbas is silent regarding a controller including a processor; the emitter operably coupled to the controller, wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue; the detector operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector.
Frangioni teaches a tissue detection system (see figure 3), comprising: a controller including a processor (microprocessors…adapted to use with the systems described herein [0108]); an emitter (302 and 304, figure 3) operably coupled to the controller and configured to generate electromagnetic (EM) radiation (part of a spectrum of electromagnetic radiation [0043]), wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]); a detector (322, figure 3) operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector (see 35 USC 112a and 112b Rejection above | an image…video camera 322…infrared camera 320…diagnostic image based upon the distribution of the dye [0113] | fluorescent dyes [0111]); a camera configured to image in near infrared (IR) (320, figure 3); a modulator (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]) configured to alter the EM radiation generated by the emitter; and a demodulator (324, figure 3) configured to demodulate frames of images received from the camera (frame rate adjustments…combining the two images…[0110]). Frangioni also teaches a first filter (314, figure 3), a second filter (316, figure 3), and a third filter (318, figure 3). The first filter is a 785 nm dichroic mirror that transmits near-infrared light and reflects visible light ([0102]). The second filter may be an 810 nm ± 20 nm near-infrared emission filter ([0102]).
It would have been obvious to modify the system with a controller including a processor ([0108]) and the first and second filters (314 and 316, figure 3) as taught by Frangioni. Doing so would process electronic signals ([0108]) and transmit near-infrared light to the camera ([0102]; figure 3). The modified system would have a controller including a processor (microprocessors…adapted to use with the systems described herein [0108]); the emitter operably coupled to the controller (adapted to use…[0108]), wherein the processor is configured to control transmission of the EM radiation from the emitter to tissue (visible light…near-infrared image…frame-rate adjusted…[0120] | microprocessors…adapted to use with the systems described herein [0108]); the detector (322, figure 3) operably coupled to the controller, wherein the processor is configured to process fluorescence signals detected by the detector (see 35 USC 112a and 112b Rejection above | an image…video camera 322…infrared camera 320…diagnostic image based upon the distribution of the dye [0113] | fluorescent dyes [0111]).
Regarding claim 28, Abbas further discloses first and second filters configured to filter out electromagnetic radiation received from the detection optical fiber below a pre-determined wavelength threshold or outside of a pre-determined wavelength range (claim 2).
Regarding claim 29, Abbas further discloses first and second filters, wherein at least one of the first or second filters is angled relative to an optical axis of the detection optical fiber (claim 9).
Regarding claim 30, Abbas further discloses first and second filters defining a collective Optical Density (OD) of at least about 9 without any one of the first or second filters defining an individual OD of more than about 6 (claim 10).
Regarding claim 31, Abbas further discloses first and second filters defining a collective Optical Density (OD) of at least about 12 without any one of the first or second filters defining an individual OD of more than about 6 (claim 11).
Regarding claim 32, Abbas further discloses first and second filters configured to filter out electromagnetic radiation below a pre-determined wavelength threshold of about 800 nm (claims 3 and 12).
Regarding claim 33, Abbas further discloses a probe having a distal end portion configured to be placed in contact with or in proximity to tissue (claims 1 and 7), the probe including an emission optical fiber and a detection optical fiber (claims 1 and 7).
Claims 26 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 14 of U.S. Patent No. 12,279,758 as applied to claims 21 and 35, and further in view of Perry (US 2024/0280490).
Regarding claim 26 and 40, Abbas discloses all of the features in the current invention as shown above in claims 21 and 35 (claims 1 and 14 of Abbas). Abbas is silent regarding a robotic surgical instrument operable to position the probe relative to the tissue or tissue of interest.
Perry teaches an imaging system (100, figure 4) with main illumination (12a, figure 4) and contra-later illumination (12b, figure 4). Visible light is filtered by the primary dichroic shortpass filter (6, figure 4), and goes through a secondary dichroic filter (5, figure 4) and reaches the visible lens (11a, figure 4) and camera (10a, figure 4). Fluorescence light from the target gets reflected by the primary dichroic shortpass filter (6, figure 4) and then the secondary dichroic shortpass filter (5, figure 4), thus separated from the majority of visible light at the primary dichroic filter and then separated from the leaked visible light at the secondary dichroic filter ([0261]). The fluorescence light gets reflected at the NIR mirror (4, figure 4) and further filtered by a longpass filter (3, figure 4) before it reaches the NIR lens (11b, figure 4) and NIR camera (10b, figure 4). The imaging device can be integrated into a surgical robot ([0008]).
It would have been obvious to modify the system to be integrated with a surgical robot as taught by Perry ([0008]). Doing so would improve surgical work flow ([0144]). The modified system would have a robotic surgical instrument (surgical robot [0008]; Perry) operable to position the probe relative to the tissue or tissue of interest (best seen with figure 21B).
Conclusion
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PAMELA F. WU
Examiner
Art Unit 3795
September 18, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
