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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed May 30, 2025 is being considered by the examiner.
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 1-20 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.
Claim 1 recites the limitation "end surface" in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner is interpreting “end surface” in claim 1, line 8 to read “an end surface”.
Claim 4 recites the limitation “matching an emission angle profile of the narrow-band light of the narrow band light” in line 4. This appears to be redundant. Claim 4 also recites the limitation “end surface” in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 4 also recites the limitation “the first optical element” in line 7. There is insufficient antecedent basis for this limitation in the claim. There are two instances of “an emission angle profile of the wide-band light” in line 5 and in lines 6-7. It is unclear if “an emission angle profile of the wide-band light” in lines 6-7 is the same emission angle profile of the wide-band light as “an emission angle profile of the wide-band light” of line 5. For the purpose of examination, the examiner is interpreting claim 14 as “A method in a medical light source apparatus comprising: combining narrow-band light of which a wavelength width is a narrow band and wide-band light of which the wavelength width is wider than the narrow-band light; and matching an emission angle profile of the narrow-band light to an emission angle profile of the wide-band light by transmitting the narrow-band light through a rod integrator to uniform a light distribution across an end surface to match the emission angle profile of the wide-band light incident on a first optical element.”
Claim 17 recites the limitation "end surface" in line 13. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner is interpreting “end surface” in claim 17, line 13 to read “an end surface”.
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.
Claim 20 is 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.
Claim 20, dependent on claim 17, recites the system further “comprising a diffuser between the narrow-band light source and the first optical element.” Claim 17 recites a rod integrator. There does not appear to be an embodiment in the description of the specification that details wherein a diffuser and a rod integrator are both features of the medical system. It appears, based on applicant’s specification [0048-0053], that the diffuser and the rod integrator are two types of emission angle converting elements and only one feature exists in an instant embodiment.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-8, 10-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Matsunobu et al. (WO2016103643) in view of Vandenberg et al. (US2017/0276857).
Regarding claim 1, Matsunobu discloses the medical light source apparatus, comprising: a narrow-band light source configured to emit narrow-band light of which a wavelength width is a narrow band (second light source unit 120 has a narrow-band light emission spectrum [0150]); a wide-band light source configured to emit wide-band light of which the wavelength width is wider than the narrow-band light (first light source unit 101 has a wide-band light emission spectrum [0150]); a first optical element to combine the narrow-band light and the wide-band light (dichroic mirror 115 multiplexes the white light emitted from the first light source and the laser light emitted from the second light source unit 120 [0054]). While Matsunobu teaches an optical fiber in the path of the narrow-band light source to uniform a light distribution ([0042]), Matsunobu is silent regarding a integrator rod, therefore fails to explicitly teach a rod integrator in an optical path of the narrow-band light source to uniform a light distribution across end surface to match an emission angle profile of the wide-band light incident on the first optical element. In the same field of endeavor, Vandenberg teaches wherein an optic homogenizer for microscope light, comprising a homogenizing rod for converting input light into a more homogenized output light relatively independent of wavelength, therefore creating uniform light distribution ([0058,0070]). Further, Vandenberg teaches wherein the homogenizing rod is a known alternative to fiber optic light guides for guiding light, however the homogenizing rod has advantages over a fiber optic light guide such as requiring less space and having less loss, and outputting light that has very high spatial uniformity relative to the gaussian-like output of a fiber optic light guide ([0058,0070]). In view of Vandenberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the homogenizing rod of Vandenberg for the optical fiber of Matsunobu, as both are known alternative for one another for guiding light and creating uniform light distribution.
Regarding claim 2, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 1. Vandenberg further teaches wherein the rod integrator has a prismatic shape (Fig. 5: rod 170 appears to be a square prism, input and output faces of the homogenizing rod can be square or rectangle [0013]).
Regarding claim 3, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 1. Matsunobu further teaches the apparatus comprising a second optical element to collimate the narrow-band light incident on the rod integrator (third collimator optical system 109 converts laser light into a parallel luminous flux [0045])
Regarding claim 4, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 1. Matsunobu further teaches the apparatus comprising a lens configured to transmit the wide-band light (first collimator optical system 103 may be a convex lens which transmits and converts white light into substantially parallel light [0053]).
Regarding claim 5, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 1. Matsunobu further teaches wherein the narrow-band light source is a laser (second light source unit 120 includes at least one laser light source [0035], Laser R 121R, Laser G 121 G and Laser B 121B).
Regarding claim 6, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 5. Matsunobu further teaches wherein the narrow-band light source includes a laser (second light source unit 120 includes laser light sources 121R, 121G, 121B [0035]), and the wide-band light source includes a LED (first light source unit 101 includes white light source that may be an LED [0051]).
Regarding claim 7, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 6. Matsunobu further teaches wherein the wide-band light source includes a white LED to generate a white light (first light source unit 101 includes white light source that may be an LED [0051]).
Regarding claim 8, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 5. Matsunobu further teaches wherein the narrow-band light source includes a red laser to generate red light, a green laser to generate green light, and a blue laser to generate blue light, and the narrow-band light source is configured to emit white light by combining the red light, the green light, and the blue light (second light source unit 120 includes laser light sources 121R, 121G, 121B [0035] which emit laser light of red, green and blue respectively; color temperature of multiplexed white lights is adjustable using red, blue green laser lights [0078]; it is known in the art that the combination of red, green and blue light combines to form white light).
Regarding claim 10, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 1. Matsunobu further teaches the apparatus comprising a light guide configured to be irradiated by the narrow-band light and the wide-band light having been combined by the first optical element (white light and laser light from the first light source 101 and the second light source respectively are multiplexed and is incident of the light guide 130 [0029]).
Regarding claim 11, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 1. Matsunobu further discloses wherein an observation object of a patient is to be irradiated by the narrow-band light and the wide-band light having been combined by the first optical element (light multiplexed by the dichroic mirror 115 is emitted from the illumination device along an optical axis and irradiates an observation site [abstract]).
Regarding claim 12, Matsunobu, modified by Vandenberg, discloses the medical system according to claim 1. Matsunobu further teaches the apparatus comprising a third optical element is a lens configured to transmit the wide-band light (first collimator optical system 103 may be a convex lens which transmits and converts white light into substantially parallel light [0053]).
Regarding claim 13, Matsunobu, modified by Vandenberg, discloses the medical system according to claim 1. Matsunobu, modified by Vandenberg, further teaches wherein the rod integrator is between the narrow-band light source and the first optical element (system depicted in Matsunobu’s Fig. 8, wherein the optical fiber 107 is substituted for the homogenizing rod of Vandenberg, teaches wherein the homogenizing rod is between the second light source 120 and dichroic mirror 115).
Regarding claim 14, Matsunobu discloses a method in a medical light source apparatus comprising: combining narrow-band light of which a wavelength width is a narrow band (second light source unit 120 has a narrow-band light emission spectrum [0150]) and wide-band light of which the wavelength width is wider than the narrow-band light (first light source unit 101 has a wide-band light emission spectrum [0150]). While Matsunobu teaches an optical fiber in the path of the narrow-band light source to uniform a light distribution ([0042]), Matsunobu is silent regarding a integrator rod, therefore fails to explicitly teach the method comprising matching an emission angle profile of the narrow-band light to an emission angle profile of the wide-band light by transmitting the narrow-band light through a rod integrator to uniform a light distribution across end surface to match an emission angle profile of the wide-band light incident on the first optical element. In the same field of endeavor, Vandenberg teaches wherein an optic homogenizer for microscope light, comprising a homogenizing rod for converting input light into a more homogenized output light relatively independent of wavelength, therefore creating uniform light distribution ([0058,0070]). Further, Vandenberg teaches wherein the homogenizing rod is a known alternative to fiber optic light guides for guiding light, however the homogenizing rod has advantages over a fiber optic light guide such as requiring less space and having less loss, and outputting light that has very high spatial uniformity relative to the gaussian-like output of a fiber optic light guide ([0058,0070]). In view of Vandenberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the homogenizing rod of Vandenberg for the optical fiber of Matsunobu, as both are known alternative for one another for guiding light and creating uniform light distribution.
Regarding claim 15, Matsunobu, modified by Vandenberg, discloses the method according to claim 14. Matsunobu further teaches the method comprising irradiating a light guide with combined narrow-band light and wide-band light (white light and laser light from the first light source 101 and the second light source respectively are multiplexed and is incident of the light guide 130 [0029]).
Regarding claim 16, Matsunobu, modified by Vandenberg, discloses the method according to claim 14. Matsunobu further teaches the method comprising irradiating an observation object of a patient with combined narrow-band light and wide-band light (light multiplexed by the dichroic mirror 115 is emitted from the illumination device along an optical axis and irradiates an observation site [abstract]).
Regarding claim 17, Matsunobu discloses a medical system, comprising: a medical device provided with an imaging unit configured to image an observation object (endoscope unit 1200 and imaging unit 1220 [0153]); and a light source apparatus configured to generate light to irradiate the observation object (illumination device 1100), wherein the light source apparatus includes: a narrow-band light source configured to emit narrow-band light of which a wavelength width is a narrow band (second light source unit 120 has a narrow-band light emission spectrum [0150]); a wide-band light source configured to emit wide-band light of which the wavelength width is wider than the narrow-band light (first light source unit 101 has a wide-band light emission spectrum [0150]); a first optical element to combine the narrow-band light and the wide-band light (dichroic mirror 115 multiplexes the white light emitted from the first light source and the laser light emitted from the second light source unit 120 [0054]). While Matsunobu teaches an optical fiber in the path of the narrow-band light source to uniform a light distribution ([0042]), Matsunobu is silent regarding a integrator rod, therefore fails to explicitly teach a rod integrator in an optical path of the narrow-band light source to uniform a light distribution across end surface to match an emission angle profile of the wide-band light incident on the first optical element. In the same field of endeavor, Vandenberg teaches wherein an optic homogenizer for microscope light, comprising a homogenizing rod for converting input light into a more homogenized output light relatively independent of wavelength, therefore creating uniform light distribution ([0058,0070]). Further, Vandenberg teaches wherein the homogenizing rod is a known alternative to fiber optic light guides for guiding light, however the homogenizing rod has advantages over a fiber optic light guide such as requiring less space and having less loss, and outputting light that has very high spatial uniformity relative to the gaussian-like output of a fiber optic light guide ([0058,0070]). In view of Vandenberg, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the homogenizing rod of Vandenberg for the optical fiber of Matsunobu, as both are known alternative for one another for guiding light and creating uniform light distribution.
Regarding claim 18, Matsunobu, modified by Vandenberg, discloses the medical system according to claim 17, further teaching wherein the rod integrator is between the narrow-band light source and the first optical element (system depicted in Matsunobu’s Fig. 8, wherein the optical fiber 107 is substituted for the homogenizing rod of Vandenberg, teaches wherein the homogenizing rod is between the second light source 120 and dichroic mirror 115).
Regarding claim 20, Matsunobu, modified by Vandenberg, discloses the medical system according to claim 17. Matsunobu further teaches the system comprising a diffuser between the narrow-band light source and the first optical element (Fig. 8: diffusion member 111 is between the second light source unit 120 and the dichroic mirror 115 [0046]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Matsunobu in view of Vadenberg and Komazaki et al. (US2017/0245746).
Regarding claim 9, Matsunobu, modified by Vandenberg, discloses the medical light source apparatus according to claim 7, however fails to disclose wherein the narrow-band light source further includes a yellow laser to generate yellow light and the narrow-band light source is configured to emit white light by combining the red light, the green light, the blue light, and the yellow light. However, in the same field of endeavor, Komazaki teaches a similar medical light source apparatus including a
light source comprising a third semiconductor laser light source (yellow light [0118]) amongst a first,
second and fourth semiconductor laser light source (blue, green, red light [0118]) to emit white light
from an illumination light emitter (115). In view of Komazaki, it would have been obvious to one of
ordinary skill in the art before the effective filing date of the claimed invention to have recognized that
the blend of red, blue, green and yellow lights is an alternative combination of lights that achieves the
same predictable result of creating white light to illuminate a target area.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Matsunobu in view of Vadenberg and Ning et al. (US2008/0225410).
Regarding claim 19, Matsunobu, modified by Vandenberg, discloses the medical system according to claim 17. While Matsunobu discloses the system comprising a third optical element between the wide-band light source and the first optical element (collimator optical system 103 is between first light source unit 101 and dichroic mirror 115), Matsunobu fails to disclose wherein the third optical element comprises an aperture configured to block a portion of the wide-band light between the wide-band light source and the first optical element to reduce an intensity of the wide-band light. However, in a similar field of endeavor, Ning teaches wherein a diameter of an aperture stop can be selected to a desired f-number or numerical aperture (diameter of aperture 61 is selected to provide a desired f-number or numerical aperture [0035]). In view of Ning, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized that an aperture stop is an optical element that can be set to a desired numerical aperture, and thus is an equivalent alternative to the collimator optical system/convex lens 103 of Matsunobu, as both the aperture stop of Ning and the collimator optical system/convex lens 103 of Matsunobu can be used to set a numerical aperture in an optical assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See references cited in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LI-TING SONG whose telephone number is (571)272-5771. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LI-TING SONG/Examiner, Art Unit 3795
/TIMOTHY J NEAL/Primary Examiner, Art Unit 3795
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