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 .
Notice of Amendment
The Amendment filed 5/18/2026 has been entered. Claims 1 -14 and 18 are pending in the application with claim 1 amended, claims 15-17 withdrawn, claims 19 and 20 cancelled. The previous 35 USC 112 rejection of claims 1 and 2 have been withdrawn in light of Applicant’s amendment.
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 1-14 and 18 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 “a processor configured to: acquire the first rotation amount and the second rotation amount; and calculate a corrected rotation amount by correcting the first rotation amount based on the second rotation amount” in Lines 11-14, wherein it’s not clear the scope of the invention since the processor appears to only be performing a calculation and fails to tie the result of the calculation back to the sensor unit / endoscope device. Appropriate correction is required.
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.
Claims 1 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (US Patent Application Publication No. 2019/0246873, hereinafter Lu).
In regard to claim 1, Lu discloses an insertion state determination system (2100, Fig. 1), comprising:
a sensor unit (2744,2130) including a first sensor (3430) configured to determine a first rotation amount when an elongated insertion unit (2742,2740) of an endoscope device is inserted into a subject (Par. 41),
wherein the first rotation amount indicates a rotation amount of the insertion unit around a center axis of the insertion unit, and wherein a hole through which the insertion unit passes is formed in the sensor unit, and wherein the insertion unit is movable relative to the sensor unit (Fig. 4B illustrates an opening within proximal housing (2744) of the sensor unit through which a portion of distal housing (2742) extends to transmit rotation from the gear assembly to the distal housing (2742) and cannula (2740));
a second sensor (3420) that is disposed in the sensor unit or an object fixed to the sensor unit (Fig. 4B) and is configured to determine a second rotation amount indicating a rotation amount of the sensor unit around the center axis when the insertion unit is inserted into the subject (Par. 42-43, wherein the second sensor measures rotation of the entire system (2100) about a longitudinal axis); and
a processor configured to: acquire the first rotation amount and the second rotation amount; and calculate a corrected rotation amount by correcting the first rotation amount based on the second rotation amount (Par. 43 teaches of the first and second sensors (3420,3430) are used together to calculate attitude data for maintaining a horizontal view of the image).
In regard to claim 18, Lu teaches wherein the processor is configured to calculate the corrected rotation amount by performing addition or subtraction using the first rotation amount and the second rotation amount (Par. 43 teaches of the first and second sensors (3420,3430) are used together to calculate attitude data for maintaining a horizontal view of the image).
Response to Arguments
Applicant’s arguments with respect to claims 1-14 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN N HENDERSON whose telephone number is (571)270-1430. The examiner can normally be reached Monday-Friday 6am-5pm (PST).
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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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/RYAN N HENDERSON/Primary Examiner, Art Unit 3795 July 28, 2026
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