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 .
Response to Amendment
The amendment filed on 11/21/2025 has been entered. Claims 1-21, 24 are pending.
Claims 22-23 are withdrawn from consideration. Applicant’s amendment to the claims have overcome 112 rejections and objections previously set forth in the Non-Final Office Action notified on 8/29/2025.
Claim Objections
Claims 18 is objected to because of the following informalities:
Claim 18 recites – “wherein one or more of the following:.” Instead, this should read – “wherein one or more of the following applies.”
Claims 19, 21, encompasses similar informalities. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
In view of amendment, previous 101 rejection dated 08/29/2025 has been withdrawn.
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) 1-10, 24 is/are rejected under 35 U.S.C. 102 as being anticipated by Teranuma (US 20190183321).
Regarding 1, Teranuma discloses an imaging device for performing image correction and/or adjustment (FIGS. 1, 6), the device comprising:
one or more processors that operate to: receive (Camera 200A takes images in the photographing direction of camera; FIG. 5) a captured image or images captured by a first imaging device (First imaging device is not claimed positively) at a first position (Camera 200A has a first position);
obtain or determine an estimated image or images (The control device outputs at least one of (i) an image obtained by rotating an image photographed by the camera 200A based on an orientation of the camera and an orientation of a prescribed subject. Abstract) that would be captured by a second imaging device (The second imaging device is not positively recited. The rotated image can be considered as the image that would have been captured by the second imaging device.) in a case where the second imaging device is used to image at the first position (The control device 100 causes the photographed image to be rotated and displayed on the display 300 in accordance with an image photographing direction of the camera 200A and an orientation of the body of an operating surgeon in such a manner that the photographed image can be easily seen by the operating surgeon; Image rotation is determined based on the prescribed subject. Para [0005], [0042]; The examiner notes that the parameter of the second imaging device has not been used to modify the image captured by the first imaging device. When the photographed image is rotated, that is the image that would be captured by the second imaging device. ), the estimated image or images having a different alignment or orientation than the alignment or orientation of the captured image or images (The image is rotated. ),
adjust or correct the captured image or images based on the estimated image or images such that the adjusted or corrected image or images correspond to, and have an alignment or orientation that matches an alignment or orientation of, the estimated image or images at the first position (When the image is rotated for viewing by a surgeon, the rotation would provide image view as if the viewer were at the position of the first imaging device. Further, the angle of rotation of the image would be the same as that of the orientation of the second camera had second camera been used to capture the image at the first position. Examiner notes that the second camera has not been positively recited in the claim.); and
control, navigate, and/or orient the first imaging device using the adjusted (The image is rotated according to line of sight of the subject to be viewed by an operating surgeon by the camera 200A. FIG. 5; Para [0058], [0078]) or corrected image or images, and/or display the adjusted or corrected image or images based on the adjustment or correction.
Regarding claim 2, Teranuma discloses a display to display the adjusted or corrected image or images (Display 504; FIG. 5).
Regarding claim 3, Teranuma discloses a receiver that operates (control device 100; Para [0048]) to receive the captured image or images captured by the first imaging device at the first position, the first imaging device being a first endoscope (Camera 200A is an endoscope; para [0112]), and transmit the capture image or images to the one or more processors such that the one or more processors receive the captured image or images (FIG. 2);
a controller (image output system 1; FIG. 2) as being part of the one or more processors, the controller operating to obtain or determine the estimated image or images that would have been captured by the second imaging device at the first position, the second imaging device being a second endoscope (When the image is rotated for viewing by a surgeon, the rotation would provide image viewing as if the viewer is at the position of the first imaging device. Further, the angle of rotation of the image is similar to the orientation of the second camera if the second camera would have been used to capture the image at the first position. Examiner notes that the second camera has not been positively recited in the claim.); and
a display controller (Note the display device 300; FIG. 2) as being part of the one or more processors, the display controller or the one or more processors operating to provide an image or images for display, the image or images for display being based on the captured image or images and information for the estimated image or images (Rotated image is displayed; Display 504; FIG. 5; Rotation is provided corresponding to a line of sight of the operating surgeon. ).
Regarding claim 4, Teranuma discloses wherein the second endoscope has a lower degree of freedom from a bendable degree of freedom of the first endoscope (Second endoscope is not positively claimed. The second endoscope having a lower degree of freedom from a bendable degree of freedom of the first endoscope does not add any further limitation regarding how the estimated image is obtained. This feature is not positively recited, and does not affect the capability of the recited processor.).
Regarding claim 5, Teranuma discloses wherein the first endoscope is a camera deployed at a tip of a steerable catheter and is bent with the steerable catheter, and/or the camera is detachably attached to, or removably inserted into, the steerable catheter (These features are not positively recited, and do not affect the capability of the recited one or more processors.).
Regarding claim 6, Teranuma discloses wherein the second endoscope is a virtual endoscope or is represented by a preset or predetermined data profile (The second endoscope is also not positively recited and does not affect the capability of the recited one or more processors of the imaging device.).
Regarding 7, Teranuma discloses wherein the first endoscope has a bending section that operates to bend three-dimensionally and/or to bend on two or more planes (The first endoscope is not positively recited and does not affect the capability of the one or more processors of the imaging device that is recited.) and/or wherein the imaging device further comprises the first imaging device being the first endoscope, or the first imaging device being the first endoscope and the second imaging device being the second endoscope.
Regarding 8, Teranuma discloses wherein the second endoscope has a bending section that can bend only on one plane (The second endoscope is also not positively recited and does not affect the capability of the one or more processors of the imaging device that is recited.) and/or wherein the imaging device further comprises the first imaging device being the first endoscope, or the first imaging device being the first endoscope and the second imaging device being the second endoscope.
Regarding 9, Teranuma discloses wherein the image or images for display are the captured image or images that are adjusted or corrected by rotation so that the orientation of the adjusted or corrected image or images (Image displayed in the display 504 are the rotated images that correspond to the estimated images corresponding to a line of sight of the operating surgeon. The image is rotated according to line of sight of the subject by the camera 200A; Para [0058], [0078]) for display corresponds to the orientation of the estimated image or images, and wherein the display controller or the one or more processors display the image or images for display on a display (FIG. 5).
Regarding claim 10, Teranuma discloses wherein the image or images for display comprise the captured image or images and an additional image or images (Captured images by the camera 200A), the additional image or images being the captured image or images that are rotated based on the information for the estimated image or images (Rotated images in accordance to a line of sight for the operating surgeon. FIG. 5; para [0045], [0047]).
Regarding 24, Teranuma discloses non-transitory computer-readable storage medium storing at least one program for causing a computer to execute a method for performing image correction and/or adjustment (FIGS. 1, 2, 6), the method comprising:
receiving (Camera 200A takes images in the photographing direction of camera; FIG. 5) a captured image or images captured by a first imaging device (First imaging device is not claimed positively) at a first position;
obtaining (The control device outputs at least one of (i) an image obtained by rotating an image photographed by the camera 200A based on an orientation of the camera and an orientation of a prescribed subject. Abstract) or determining an estimated image or images that would be captured by a second imaging device (The second imaging device is not positively recited) in a case where the second imaging device is used to image at the first position (The control device 100 causes the photographed image to be rotated and displayed in the display 300 in accordance with an image photographing direction of the camera 200A and an orientation of the body of an operating surgeon in such a manner that the photographed image can be easily seen by the operating surgeon as a medical specialist Image rotation is determined based on the prescribed subject. Para [0005], [0042]), the estimated image or images having a different alignment or orientation than the alignment or orientation of the captured image or images;
adjusting or correcting the captured image or images based on the estimated image or images such that the adjusted or corrected image or images correspond to, and have an alignment or orientation that matches an alignment or orientation of, the estimated image or images at the first position (The image is rotated according to line of sight of the subject by the camera 200A. FIG. 5; Para [0058], [0078]); and
controlling, navigating, and/or orienting the first imaging device using the adjusted or corrected image or images, and/or displaying the adjusted or corrected image or images on a display based on the adjustment or correction (The image is rotated according to line of sight of the subject to be viewed by an operating surgeon by the camera 200A. FIG. 5; Para [0058], [0078])
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teranuma (US 20190183321) in view of Kitamura (US 20120327186).
Regarding claim 11, Teranuma does not expressly disclose wherein the captured image or images and the additional image or images are displayed at the same time.
Kitamura is directed to a virtual endoscopic image generating unit for generating a virtual 3D medical image (abstract) and teaches wherein the captured image or images and the additional image or images are displayed at the same time (virtual endoscopic image and real endoscopic image is displayed side by side. Para [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teranuma to have images displayed side by side in accordance with the teaching of Kitamura so that both images could be compared and referenced conveniently.
Regarding claim 12, Teranuma, as modified, teaches wherein the display controller or the one or more processors further operate to display the additional image or images in accordance with a user instruction to display the additional image or images on the display (virtual endoscopic image and real endoscopic image is displayed side by side. Para [0068]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teranuma (US 20190183321) in view of Buharin (US 20230316639).
Regarding claim 13, Teranuma does not expressly disclose wherein the display controller or the one or more processors further operate to switch the image or images for display from the captured image or images to the additional image or images.
Buharin is directed to systems and methods disclosed herein may be used to enhance medical imaging (para [0003]) and teaches wherein the display controller or the one or more processors further operate to switch the image or images for display from the captured image or images to the additional image or images (The one or more interfaces may permit the operator or medical worker to view the first image, the second image, and/or both the first and second images, and to switch between any of these views as desired. Para [0191]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teranuma’s display system so that it can switch the image or images for display so that surgeon could view the images as needed.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teranuma (US 20190183321) in view of Ishiguro (US 5682895) and further in view of Ishikawa (US 20190008367).
Regarding claim 14, Teranuma does not expressly disclose an interface configured to receive a command to bend the first endoscope, wherein the display controller or the one or more processors further operate to temporarily suspend the rotation of the captured image or images while the interface is receiving the command.
Ishiguro is directed to an endoscope system including an endoscope, a moving device that moves the endoscope, a storage unit, and a processor (abstract) and teaches an interface configured to receive a command to bend the first endoscope (Rotation command is transmitted; Col. 3, line 64-col. 4, lines 40; FIGS. 2, 4; the first endoscope is not positively claimed.), wherein the display controller or the one or more processors further operate to temporarily suspend the rotation of the captured image or images (By way of an image rotation command menu which is indicated on the monitor screen, the operator can select either an "IMAGE ROTATION" or "NO IMAGE ROTATION" command (Step 6). Upon selecting an "IMAGE ROTATION" command, the original 3D image begins to rotate about Z-axis (Step 7), and stops its rotation as soon as a "STOP" command is entered (Step 8). Thus, the rotation of the original 3D image can be stopped when an image side of particular interest comes into view. col. 10, line 55-col 11, line 30).
Ishikawa is directed to a surgical system (abstract) and teaches wherein the images obtained during the stopped bending state of the endoscope are high quality as compared to the images obtained during the bending state of the endoscope (para [0079]).
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 Teranuma to temporarily suspend the rotation of the captured image while the endoscope is in bending state so that image quality would be enhanced by way of not having to process the image signal during the bending of the endoscope.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teranuma (US 20190183321) in view of Alvarez (US 20100280449).
Regarding claim 16, Teranuma does not expressly disclose an interface that operates to receive a command to bend the first endoscope, wherein the interface receives the command corresponding to a bending direction or a twisting amount of the second endoscope.
Alvarez is directed to an instrument having a flexible and elongated body includes at least a lumen and a flex member disposed within the lumen (abstract) and teaches an interface (The wired connection (112) may transmit manipulation, articulation, and control commands from an operator or surgeon (116) who is working at the operator control station (102) and who may be providing the necessary input to the instrument driver (106) by way of one or more input devices, such as an instinctive Motion.TM. controller (118), joystick, keyboard (120), trackball, data gloves, exoskeletal gloves, or the like, for operating the instrument assembly (108) to perform various operations, such as minimally invasive procedures, on the patient who is lying on the operating table (104). The wired connection (112) may also transmit information (e.g., visual. Para [0055]) configured to receive a command to bend the first endoscope, wherein the interface receives the command corresponding to a bending direction or a twisting amount of the second endoscope (FIG. 1; Para [0072]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teranuma to include commands for bending the endoscope so that automated bending could be achieved.
Claim(s) 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teranuma (US 20190183321) in view of Alvarez (US 20100280449).
Regarding claim 17, Teranuma discloses at least one bending section and an endoscope camera (camera 200A; FIG. 5; para [0058]); and receive one or more endoscopic images and display the one or more endoscopic images on a display (FIG. 12).
Teranuma does not expressly disclose a steerable catheter; an actuation unit or a driver that operates to bend the bending section, wherein the controller or the one or more processors further operate to: receive one or more control commands or instructions for a bending amount and a bending plane orientation; and send the one or more commands or instructions to the actuation unit or the driver to bend the at least one bending section.
Alvarez is directed to an instrument having a flexible and elongated body includes at least a lumen and a flex member disposed within the lumen (abstract) and teaches a steerable catheter (catheter 204); an actuation unit or a driver that operates to bend the bending section (control unit, 202 may be configured to steer an elongate instrument or catheter 204; para [0056]), wherein the controller or the one or more processors further operate to: receive one or more control commands or instructions for a bending amount and a bending plane orientation (controlled bending in planes; para [0073]); and send the one or more commands or instructions to the actuation unit or the driver to bend the bending section (FIG. 1; para [0088], [0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teranuma to include commands for bending the endoscope so that automated and controlled bending could be achieved.
Regarding claim 18, Teranuma, as modified, teaches one or more of the following: (i) the imaging device further comprises an operational controller or joystick (Alvarez: The wired connection (112) may transmit manipulation, articulation, and control commands from an operator or surgeon (116) who is working at the operator control station (102) and who may be providing the necessary input to the instrument driver (106) by way of one or more input devices, such as an instinctive Motion.TM. controller (118), joystick, keyboard (120), trackball, data gloves, exoskeletal gloves, or the like, for operating the instrument assembly (108) to perform various operations, such as minimally invasive procedures, on the patient who is lying on the operating table (104). The wired connection (112) may also transmit information (e.g., visual). Para [0055]; FIG. 1; Para [0072) that operates to issue or input the one or more commands or instructions to the controller or the one or more processors; (ii) the imaging device further includes a display to display the one or more endoscopic images, or the imaging device further includes a display to display the one or more endoscopic images where the display has a reference direction; (iii) the controller or the one or more processors further operate to store the bending plane orientation in the one or more control commands or instructions in relation to the one or more endoscopic images during navigation; (iv) the controller or the one or more processors further operate to rotate a current endoscopic image to an orientation where a bending plane orientation stored at the last moment or stored last is aligned to a reference direction of a display of the imaging device; and/or (v) the imaging device further comprises an operational controller or joystick that operates to issue or input the one or more commands or instructions to the controller or the one or more processors, and the operational controller or joystick operates to be controlled by a user of the imaging device.
Regarding claim 19, Teranuma, as modified, teaches an operational controller or joystick (Alvarez: The wired connection (112) may transmit manipulation, articulation, and control commands from an operator or surgeon (116) who is working at the operator control station (102) and who may be providing the necessary input to the instrument driver (106) by way of one or more input devices, such as an instinctive Motion.TM. controller (118), joystick, keyboard (120), trackball, data gloves, exoskeletal gloves, or the like, for operating the instrument assembly (108) to perform various operations, such as minimally invasive procedures, on the patient who is lying on the operating table (104). The wired connection (112) may also transmit information (e.g., visual). Para [0055]; FIG. 1; Para [0072), the operational controller or joystick having a rotation controller and a bending controller, wherein one or more of the following: the rotation controller operates to issue a control command or instruction of or for the bending plane orientation; the bending controller operates to issue a control command or instruction of or for the bending amount; and/or in a case where the controller or the one or more processors further operate to rotate a current endoscopic image to an orientation where a bending plane orientation stored at the last moment or stored last is aligned to a reference direction of a display of the imaging device, the controller or the one or more processors further operate to rotate the current endoscopic image as the rotation controller issues the control command or instruction of or for the bending plane orientation.
Regarding claim 20, Teranuma discloses at least one bending section and an endoscope camera (camera 200A; FIG. 5; para [0058]); and receive one or more endoscopic images and display the one or more endoscopic images on a display (FIG. 12).
Teranuma does not expressly disclose a catheter with at least one bending section; an operational controller or joystick that operates to issue or input one or more commands or instructions of a bending amount and a bending plane orientation into the imaging device; and a tracking device that operates to track a real-time bending plane orientation, wherein the controller or the one or more processors operate to receive one or more endoscopic images and the one or more commands or instructions.
Alvarez is directed to an instrument having a flexible and elongated body includes at least a lumen and a flex member disposed within the lumen (abstract) and teaches a steerable catheter (catheter 204) with at least one bending section; an operational controller or joystick (The wired connection (112) may transmit manipulation, articulation, and control commands from an operator or surgeon (116) who is working at the operator control station (102) and who may be providing the necessary input to the instrument driver (106) by way of one or more input devices, such as an instinctive Motion.TM. controller (118), joystick, keyboard (120), trackball, data gloves, exoskeletal gloves, or the like, for operating the instrument assembly (108) to perform various operations, such as minimally invasive procedures, on the patient who is lying on the operating table (104). The wired connection (112) may also transmit information (e.g., visual). Para [0055]; FIG. 1; Para [0072) that operates to issue or input one or more commands or instructions of a bending amount and a bending plane orientation into the imaging device (controlled bending in a plane; para [0073]); and a tracking device that operates to track a real-time bending plane orientation (controller (118), joystick, track real time track; Para [0055]), wherein the controller or the one or more processors operate to receive one or more endoscopic images and the one or more commands or instructions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teranuma to include an operational controller or joystick that operates to input one or more commands or instructions for bending in accordance with the teaching of Alvarez so that so that automated and controlled bending could be achieved.
Regarding claim 21, Teranuma discloses the imaging device further comprises a display that operates to display the one or more endoscopic images (The control device 100 causes the photographed image to be rotated and displayed on the display 300 in accordance with an image photographing direction of the camera 200A and an orientation of the body of an operating surgeon in such a manner that the photographed image can be easily seen by the operating surgeon as a medical specialist; Image rotation is determined based on the prescribed subject. Para [0005], [0042]).
Response to Arguments
Applicant' s arguments filed on 11/21/2025 have been fully considered. However, the arguments are not persuasive.
On page 46 of the argument, the applicant states that Teranuma does not disclose “one or more processor” that operate as recited in independent claims 1 and 24. The examiner respectfully disagrees.
In para [0005], [0042], Teranuma discloses the control device 100 causes the photographed image to be rotated and displayed on the display 300 in accordance with an image photographing direction of the camera 200A and an orientation of the body of an operating surgeon in such a manner that the photographed image can be easily seen by the operating surgeon. In other words, the image captured by the camera 200A is rotated to align with the surgeon’s position. The rotated image can be considered as the estimated image that would be captured by the second imaging device in the first position. The since the image is rotated, this also meets the “adjust or correct the captured image” feature of claim 1.
Accordingly, applicants’ arguments are not persuasive.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 15
The following is an examiner’s statement of reasons for allowable subject matter:
The prior art of record fails to explicitly teach or fairly suggest, alone or in combination, an interface that operates to receive a command to bend the first endoscope, wherein the display controller or the one or more processors further operate to restrict an amount of the rotation of the captured image or images captured by the first endoscope in a case where an angle of the rotation of the captured image or images in accordance with the received command is larger than a predetermined angle of rotation, the amount of the rotation of the captured image or images corresponding to the bend of the first endoscope caused by the received command, along with the remaining features of claims 15, 9, 3, and 1.
The closest art Mizutani (US 20230180998) teaches controlling vertical direction of the image-by-image rotation but does not teach restricting an amount of the rotation of the captured image corresponding to the bend of the first endoscope caused by the received command.
Teranuma (US 20190183321) teaches the rotation of the image corresponding a position of a surgeon but does not teach associating this rotation of the image with the bending command received for bending of an endoscope to restrict an amount of the rotation of the captured image.
Accordingly, claim 15 is allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 01/31/26