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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/16/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-7, 9-10, 13-16 have been considered but are moot based on new ground rejection discussed below.
In particular, Applicant argues that the combination of Yamakita and Nakada does not disclose or suggest features relating to a tongue depressor and a locational relationship among a main body, an auxiliary member, and a tongue depressor. Therefore, Yamakita and Nakada does not disclose or suggest at least the following claimed features of amended claim 1: …one or a plurality of light sources…, a tongue depressor provided at a lower distal part of the auxiliary member, the lower distal part being located at a lower outer surface…..”
Chang and Anca are relied on for teaching of newly added features of amended claims 1, 16 as discussed below.
Claims 8, 11-12 have been canceled.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: insertion hole 321 described in paragraphs 0047, 0061, 0062, 0064-0065, 0075. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “311” has been used to designate both gripping plates and insertion hole of auxiliary member 300 for inserting protrusion 218 (see figures 10-11) . 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. 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 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 13 is 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 13 recites the limitation "the determination algorism" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-2, 7, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yamakita et al. (U.S. Pat. 6,293,910, hereinafter “Yamakita”) in view of Chang (US 20100305409) and further in view of Anca et al. (US 20120143003).
As to claim 1, Yamakita discloses an imaging apparatus, comprising:
a main body (light directing member 1, Figs.1A,3) which has a proximal end (right side in Fig.3) and a distal end (left side in Fig.3), the main body being formed into a hollow columnar shape (cylindrical member, col.6, lines 48-50) having a predetermined length (inherent) between the proximal end and the distal end, at least the distal end being configured to be inserted into an oral cavity of a patient (inserted into a subject, col.3, lines 32-33), an accommodation space (space within inner wall of light directing member 1, Fig.3) being defined by an inner surface of a wall of the main body, the wall being made of a resin without having an optical fiber (transparent resin such as acrylic, col.7, lines 45-52), the wall being a light guiding member (transparent (to light), col.7, lines 24-28);
one or a plurality of light sources (one or a plurality of light guide fibers 9a,Figs.9A,9B) which are provided at or adjacent to the proximal end of the main body (collimated into a light directing ring 8A and dispose at or adjacent the proximal end of light directing member 1, Figs.1A,9B), the one or the plurality of light sources being configured to emit light having a predetermined frequency band toward the proximal end of the main body (light directing member 8A emits light which inherently has a predetermined frequency band) into the proximal end of the light pipe 1, col.12, lines 24-34), the light being guided within the wall itself from the proximal end to the distal end of the main body (col.7, lines 23-28);
a diffuser plate (any of V groove surface 49, Fig.17a, tapered surface 53, Fig.18, V groove surface 54, Figs.19A,19B, or reflecting member 55, Fig.20A,20B) which is provided at or adjacent to the distal end of the main body (as shown in Figs.17a, 18, 19A and 20A), the diffuser plate being configured to diffuse the light guided by the wall itself of the main body toward the oral cavity (disperses light, col.14, lines 31-33, col.15, lines 35-38, col.15, lines 57-62, col.16, lines 28-37);
a camera (solid state image sensing device 3, Figs.1,3) which is provided in the accommodation space of the main body at a location between the diffuser plate and the one or the plurality of light sources along a longitudinal direction of the main body (as shown in Figs.1,3), the camera being configured to image an object image based on reflected light which has been diffused by the diffuser plate and reflected from the oral cavity (col.7, lines 22-35).
Yamakita fails to disclose an auxiliary member having a tubular-shape in the longitudinal direction, at least a distal part of the main body being configured to be inserted into auxiliary member, the distal part of the main body being located adjacent to the distal end of the main body part; and
a tongue depressor provided at a lower distal part of the auxiliary member, the lower distal part being located at a lower outer surface adjacent to a distal end of the auxiliary member, the tongue depressor being blade-shaped and configured to restrict movement of a tongue of the patient,
wherein a distal end of the tongue depressor is located farther away from a proximal end of the auxiliary member than the distal end of the auxiliary member.
Chang discloses an auxiliary member (read on lengthwise sleeve 26) that is tubular-shaped (circular section for inserting cylindrical insert 28) in the longitudinal direction, at least one distal part of the main body (left part of cylindrical inserter 28 in figure 7, paragraph 0028) being configured to be inserted into auxiliary member (lengthwise sleeve 26), the distal part of the main body located adjacent to the distal end (front end provided with camera 12 and light emitting unit 14) of the main body part (main body part of insert 28) – see figure 7, paragraph 0028);
a tongue depressor (part of blade 10 on left side in figure 7) provided at a lower distal part of the auxiliary member (lengthwise sleeve 26), the lower distal part being located at a lower outer surface adjacent to a distal end of the auxiliary member (26), the tongue depressor being blade-shaped (left side of blade 10 in figure 7) and configured to restrict movement of a tongue of the patient (insert the blade 10 into the mouth of a patent to press down the tongue (see figure 7, paragraphs 0024, 0028).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yamakita with the teachings of an auxiliary member that is tubular-shaped in the longitudinal direction with at least a distal part of the main body being to be inserted into auxiliary member and a tongue depressor provided at a lower distal part of the auxiliary member as taught by Chang in order to yield predictable result such as to press down the tongue for inducing a gag reflex (see Chang: paragraph 0024) or to protect the main body.
Chang also discloses a lengthwise sleeve 26 of circular section is provided on top of the blade 10 (see figure 7, paragraph 0028). However, Chang does not explicitly disclose a distal end of the tongue depressor is located farther away from a proximal of auxiliary member than the distal end of the auxiliary member.
Anca discloses a tongue depressor (450 – see for example, figure 4D) provided at a lower distal part of auxiliary member (mouthpiece with bite block 410, flange 412 – see for example, figure 4D, paragraph 0051), the lower distal part (part that is lower and on the left side of figure 4D) being located at a lower outer surface adjacent to a distal end of the auxiliary member (see figure 4D), the tongue depressor (450) being blade-shaped (tongue blade – paragraph 0026, figure 4D) and configured to restrict movement of a tongue of a patient (depress the patient’s tongue, prevent the retraction of the forward portion of the patient’s tongue – see for example, paragraph 0035),
wherein a distal end of the tongue depressor (end side on the left of tongue depressor 450 in figure 4D) is located farther away from a proximal end (proximal end with shield 420) of the auxiliary member than the distal end (412, 444) of the auxiliary member (see include, but are not limited to, figure 4D, paragraph 0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yamakita in view of Chang with the teaching of a distal end of the tongue depressor is located farther away from a proximal end of the auxiliary member than the distal end of the auxiliary member as taught by Anca in order to yield predictable result of improving airflow during the procedure (paragraphs 0024, 0035) or allow the passage of instruments into the patient’s pharynx easier (para. 0040).
As to claim 2, wherein the object image corresponds to an image of a pharynx (by nature of the inherent operation of an imaging apparatus, if the imaging apparatus of Yamakita is pointed at the pharynx, the images obtained will include images of the pharynx. See also Anca: paragraph 0034; Chang: paragraph 0024).
As to claim 7, Yamakita further discloses a handgrip (connector 8, Fig.2) which is provided on the proximal end of the main body (Fig.2), the handgrip being configured to be held by a user of the imaging apparatus (is capable of being held). See also Chang: figure 7.
As to claim 14, Yamakita further discloses the resin is a thermoplastic resin (acrylic resin, col.7, lines 45-52).
As to claim 15, Yamakita further discloses the thermoplastic resin is one of a polyolefin-based resin, a cellulosic ester- based resin, a polyester-based resin, a polycarbonate-based resin, an acrylic resin, and a polystyrene-based resin (acrylic resin, col.7, lines 45-52).
As to claim 16, Yamakita discloses an imaging apparatus, comprising:
a main body (light directing member 1, Figs.1A,3) which has a proximal end (right side in Fig.3) and a distal end (left side in Fig.3), the main body being formed into a hollow columnar shape (cylindrical member, col.6, lines 48-50) having a predetermined length (inherent) between the proximal end and the distal end, at least the distal end being configured to be inserted into an oral cavity of a patient (inserted into a subject, col.3, lines 32-33), an accommodation space (space within inner wall of light directing member 1, Fig.3) being defined by an inner surface of a wall of the main body, the wall being made of a resin (transparent resin such as acrylic, col.7, lines 45-52), the wall being a light guiding member (transparent (to light), col.7, lines 24-28);
one or a plurality of light sources (one or a plurality of light guide fibers 9a,Figs.9A,9B) which are provided at or adjacent to the proximal end of the main body (collimated into a light directing ring 8A and dispose at or adjacent the proximal end of light directing member 1, Figs.1A,9B), the one or the plurality of light sources being configured to emit light having a predetermined frequency band toward the proximal end of the main body (light directing member 8A emits light (which inherently has a predetermined frequency band) into the proximal end of the light pipe 1, col.12, lines 24-34), the light being guided within the wall itself from the proximal end to the distal end of the main body (col.7, lines 23-28);
a diffuser plate (any of V groove surface 49, Fig.17a, tapered surface 53, Fig.18, V groove surface 54, Figs.19A,19B, or reflecting member 55, Fig.20A,20B ) which is ring-shaped (all of 49, 53, 54 and 55 are ring-shaped) and provided at the distal end of the main body (as shown in Figs.17a, 18, 19A and 20A), the diffuser plate being configured to diffuse the light guided by the wall of the main body toward the oral cavity (disperses light, col.14, lines 31-33, col.15, lines 35-38, col.15, lines 57-62, col.16, lines 28-37);
a camera (solid state image sensing device 3, Figs.1,3) which is provided in the accommodation space of the main body at a location between the diffuser plate and the one or the plurality of light sources along a longitudinal direction of the main body (as shown in Figs.1,3), the camera being configured to image an object image based on reflected light which has been diffused by the diffuser plate and reflected from the oral cavity (col.7, lines 22-35);
wherein the camera is aligned with an opening of the diffuser plate when viewed along an optical axis of the camera (all diffusers mentioned above are ring-shaped, providing an opening that corresponds to the accommodation space which includes the camera, as can be seen for example in a combination of Figs.13 and 19A).
Yamakita fails to disclose an auxiliary member that is a tubular-shape in the longitudinal direction, at least a distal part of the main body being configured to be inserted into auxiliary member, the distal part of the main body being located adjacent to the distal end of the main body part; and
a tongue depressor provided at a lower distal part of the auxiliary member, the lower distal part being located at a lower outer surface adjacent to a distal end of the auxiliary member, the tongue depressor being blade-shaped and configured to restrict movement of a tongue of the patient, and
a distal end of the tongue depressor is located farther away from a proximal end of the auxiliary member than the distal end of the auxiliary member.
Chang discloses an auxiliary member (read on lengthwise sleeve 26) that is tubular-shaped (circular section for inserting cylindrical insert 28) in the longitudinal direction, at least one distal part of the main body (left part of cylindrical inserter 28 in figure 7, paragraph 0028) being configured to be inserted into auxiliary member (lengthwise sleeve 26), the distal part of the main body located adjacent to the distal end (front end provided with camera 12 and light emitting unit 14) of the main body part (main body part of insert 28) – see figure 7, paragraph 0028);
a tongue depressor (part of blade 10 on left side in figure 7) provided at a lower distal part of the auxiliary member (lengthwise sleeve 26), the lower distal part being located at a lower outer surface adjacent to a distal end of the auxiliary member (26), the tongue depressor being blade-shaped (left side of blade 10 in figure 7) and configured to restrict movement of a tongue of the patient (insert the blade 10 into the mouth of a patent to press down the tongue (see figure 7, paragraphs 0024, 0028).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yamakita with the teachings of an auxiliary member that is tubular-shaped in the longitudinal direction with at least a distal part of the main body being to be inserted into auxiliary member and a tongue depressor provided at a lower distal part of the auxiliary member as taught by Chang in order to yield predictable result such as to press down the tongue for inducing a gag reflex (see Chang: paragraph 0024) or to protect the main body.
Chang also discloses a lengthwise sleeve 26 of circular section is provided on top of the blade 10 (see figure 7, paragraph 0028). However, Chang does not explicitly disclose a distal end of the tongue depressor is located farther away from a proximal of auxiliary member than the distal end of the auxiliary member.
Anca discloses a tongue depressor (450 – see for example, figure 4D) provided at a lower distal part of auxiliary member (mouthpiece with bite block 410, flange 412 – see for example, figure 4D, paragraph 0051), the lower distal part (part that is lower and on the left side of figure 4D) being located at a lower outer surface adjacent to a distal end of the auxiliary member (see figure 4D), the tongue depressor (450) being blade-shaped (tongue blade – paragraph 0026, figure 4D) and configured to restrict movement of a tongue of a patient (depress the patient’s tongue, prevent the retraction of the forward portion of the patient’s tongue – see for example, paragraph 0035),
wherein a distal end of the tongue depressor (end side on the left of tongue depressor 450 in figure 4D) is located farther away from a proximal end (proximal end with shield 420) of the auxiliary member than the distal end (412, 444) of the auxiliary member (see include, but are not limited to, figure 4D, paragraph 0053).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yamakita in view of Chang with the teaching of a distal end of the tongue depressor is located farther away from a proximal end of the auxiliary member than the distal end of the auxiliary member as taught by Anca in order to yield predictable result of improving airflow during the procedure (paragraphs 0024, 0035) or allow the passage of instruments into the patient’s pharynx easier (para. 0040).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yamakita et al. (U.S. Pat. 6,293,910, hereinafter “Yamakita”) in view of Chang (US 20100305409) and Anca et al. (US 20120143003), as set forth above with respect to claim 1, and further in view of Suzuki et al. (US 2002/0089586, hereinafter “Suzuki”).
As to claim 3, Yamakita, as set forth above with respect to claim 1, generally discloses a light source apparatus (12) for an endoscope but fails to provide the details of such light source, including the wavelengths provided by such. Typical endoscope light sources include high intensity lamps, such as a xenon lamp, which provides a wide range of wavelengths, including infrared and ultraviolet wavelengths, as well as visible light. Suzuki is just one of numerous references that teach this ([0062]). Since Yamakita does not disclose the particulars of the light source apparatus (12), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provide a light source known in the endoscope art, including a light source (e.g. xenon) with a wide range of wavelengths including the ultraviolet light band, as taught by Suzuki.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yamakita et al. (U.S. Pat. 6,293,910, hereinafter “Yamakita”) in view of Chang (US 20100305409) and Anca et al. (US 20120143003) as applied to claim 1, and further in view of Huang et al. (US 2016/0007833, hereinafter “Huang”).
As to claim 4, Yamakita, as set forth above with respect to claim 1, fails to disclose camera characteristics and in particular, a depth of field of at least 20 mm. However, Huang teaches providing camera with a depth of field from about 20 mm to 110 mm ([0034]) in an endoscopic imaging device that is designed to observe internal features of a natural body orifice ([0002]).
Huang teaches that such depth of field provides for a focus-free device that allows for sharp images at a relatively large distance without having to move the camera to a set focal distance ([0034]). Since Yamakita does not provide camera characteristics, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the camera of Yamakita with a relatively large depth of field (at least 20 mm) since Huang teaches such depth of field is known in the art to be suitable for clear imaging inside of the body while eliminating the need to adjust focus of the camera.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yamakita et al. (U.S. Pat. 6,293,910, hereinafter “Yamakita”) in view of Chang (US 20100305409) and Anca et al. (US 20120143003), as set forth above with respect to claim 1, and further in view of Oota et al. (US 2010/0189341, hereinafter “Oota”).
As to claims 5 and 6, Yamakita, as set forth above with respect to claim 1, discloses a main body for insertion into a body cavity, but fails to disclose any particular body cavity, and thus fails to disclose any particular length or width of the main body associated with any particular use, and thus fails to disclose that the main body is equal to or smaller than 200 mm in length, and equal to or less than 3.2 cm in width. However, it would be obvious to one of ordinary skill to have made the length and width of the main body any length or width that is suitable for viewing a desired body cavity. Oota teaches that a endoscopic camera system designed to obtain measurement images of the oral cavity (Fig.1), and thus sized to be capable of being inserted into the oral cavity, can be 200 mm in length and 20 mm (2.0 cm) to 25 mm (2.5 cm) in width ([0054]). Since Yamakita fails to disclose any particular dimension for the main body, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the main body of Yamakita for use in any body cavity, including the oral cavity, and thus designed the main body to have a length and width suitable for introduction into the oral cavity, including the length and width taught by Oota.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yamakita et al. (U.S. Pat. 6,293,910, hereinafter “Yamakita”) in view of Chang (US 20100305409) and Anca et al. (US 20120143003), as set forth above with respect to claim 1, and further in view of Nakada et al. (U.S. 5,301,061, hereinafter “Nakada”).
As to claim 9, Yamakita in view of Chang and Anca discloses the image apparatus of claim 1, further comprising engagement portion configured to be engaged with portion of the auxiliary member (see for example, Yamakita: figures 2-3, 5; Chang: figure 7). However, Yamakita does not explicitly disclose at least one engagement protrusion configured to be engaged with an engagement protrusion of the auxiliary member.
Nakada discloses at least one engagement protrusion (15, figure 1, col. 4, lines 24-26) configured to be engaged with an engagement protrusion (29, figures 1, 4B, col. 5, lines 1-21) of the auxiliary member (sheath 4, 7– figures 1, 4B, col. 5, lines 1-21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Yamakita with the teaching of at least one engagement protrusion configured to be engaged with an engagement protraction of auxiliary member as taught by Nakada in order to yield predictable result of securing auxiliary member and imaging apparatus together.
As to claim 10, Yamakita in view of Chang and Anca disclose the imaging apparatus according claim 1, further comprising component which is to be inserted into an insertion hole of the auxiliary member (insertion part which to be inserted in a hole/channel of auxiliary member/sleeve/sheath – see for example, Yamakita: figures 3-5; Chang: figure 7; Anca: figures 4A-4D). However, Yamakita does not explicitly disclose a positioning protrusion which is to be inserted into an insertion hole of the auxiliary member, the positioning protrusion being configured to fix a relative location between the imaging apparatus and the auxiliary member.
Nakada discloses a positioning protrusion (15, Fig. 1, col. 4, lines 24-26) which is to be inserted into an insertion hole (29, Figs. 1, 4B, col. 5, lines 1-21) of the auxiliary member (sheath 4, 7, see figures 1, 4B, col. 5, lines 1-21), the positioning protrusion being configured to fix a relative location between the imaging apparatus and the auxiliary member above, would further comprise a positioning protrusion which is to be inserted into an insertion hole of the auxiliary member (see figures 1, 4B, col. 5, lines 1-21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Yamakita with the teaching of a positioning protrusion which is to be inserted into an insertion hole of the auxiliary member, the positioning protrusion being configured to fix a relative location between the imaging apparatus and the auxiliary member as taught by Nakada in order to yield predictable result of fixing the relative location of the imaging apparatus and sheath to secure to each other.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yamakita et al. (U.S. Pat. 6,293,910, hereinafter “Yamakita”) in view of Chang (US 20100305409) and Anca et al. (US 20120143003), as set forth above with respect to claim 1, and further in view of Tanaka et al. (US 2014/0334698, hereinafter “Tanaka”).
As to claim 13, Yamakita in view of Chang and Anca discloses an imaging system, comprising:
the imaging apparatus of claim 1 (see description of claim 1 above); and
a processing device (camera control unit 11, Fig.2) which is connected to the imaging apparatus in a wired or wireless manner (at least wired, 9b, Fig.2) so as to be communicable with the imaging apparatus, the processing device being configured to process the object image imaged by the camera (processed for display on a monitor, col.7, lines 28-35).
Yamakita fails to disclose that the processing device includes a memory configured to store a processing function (algorithm) that determines whether a patient has an infection disease relating to the oral cavity based on the object image.
Tanaka is just one of numerous references that teach to provide a processing device of an endoscope (in-vivo imaging apparatus) with an algorithm stored therein to diagnose whether a patient has an infection disease from an image obtained in a body cavity (Tanaka: endoscope images, obtained from any particular body cavity, [0324], can be analyzed in the processor 4, Fig.1, to diagnose/discriminate information concerning a disease condition, [0008],[0200],[0269],[0324]; it is noted that a “processor” for performing functions to manipulate data (e.g. image data) inherently includes, at the least, hardware (e.g. circuits, memory) arranged to memorize particular electronic functions/algorithms, and thus constitutes processor/memory storing that function/algorithm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the Yamakita processor with the ability (algorithm) to determine the existence of an infection disease from the image of any desired body cavity to provide a “computer aided diagnosis” (CAD) to eliminate relatively different manually derived diagnoses and aid in diagnosis performed by more inexperienced doctors (Tanaka: [0008]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hefez et al. (US 20180160887) discloses system and method for throat imaging comprising tongue depressor 270 (see figure 3).
Manecke et al. (US 20050157821) discloses combined bite block/oral airway/tongue depressor appliance.
Hauge (US20060272647) discloses apparatus for maintaining a surgical airway and method of the same.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN SON PHI HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NASSER M. GOODARZI can be reached at 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AN SON P HUYNH/Primary Examiner, Art Unit 3795
July 1, 2026
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