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 .
DETAILED ACTION
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.
Claim(s) 1-4, 7, 8, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sonada et al. US2019/0204068 and further in view of Fujimoto US2018/008124.
Sonada discloses for claim 1, “An endoscope system comprising:
an endoscope (100; fig 1; 0065); and
a processor device (200; fig 2; 0078) that includes an image control processor (210; fig 2; 0090),
wherein the image control processor is configured to
enable switching of a mode to a length measurement mode in a case where the endoscope is the length measurement-compatible endoscope (S14, S16; fig 11; 0096-0099), and
in a state where the switching of the mode to the length measurement mode is enabled, perform switching of ON or OFF of a measurement light emitted from the endoscope (S18; 0099),
with reference to a representative point data table (0121 describes measuring in advance and storing in memory 212 a point data table as the relationship between positions of spots on the imaging surface and the sizes of the markers/pixels), create a virtual scale image corresponding to a model and/or a serial number of the endoscope (e.g. marker M3A; fig 20; 0112), and
superimpose the virtual scale image on an image captured by the endoscope and display the superimposed image on a display (fig 20).”
Sonada does not disclose wherein the image control processor is configured to “in a case where the endoscope is connected to the processor device, read out a scope ID from the endoscope, and based on the scope ID determine whether or not the endoscope is a length measurement-compatible endoscope”.
Fujimoto teaches in the same field of endeavor:
Various electronic elements corresponding to intended uses for endoscopes (0003)
The electronic elements in the endoscope are operated upon receipt of power supplied by a controlling housing apparatus (0003, 0004)
Endoscope power systems adapted to various types of endoscope in accordance with intended uses, e.g. JP2010-66409 which endoscope power is determined in accordance with an ID of an insertion section (0003)
A controller 33 which identifies the type of insertion section 21 is connected such that it is identified using the ID information stored in memory 213 (0015, 0019, with specific example use at 0026); and performs control specific to the endoscope type identified including any of the various electronic elements comprising the endoscope, i.e. allowing functional operation of the attached endoscope and its various electronic elements (0019). To clarify, the controller is capable of actuating any of the various electronic elements, including length measurement disclosed by Sonada based on the detected ID, i.e. Fujimoto teaches ID specific control of an endoscope’s functions.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Fujimoto into the invention of Sonada in order to configure the endoscope system e.g. as claimed because it provides the added functionality of modularity and utilization of different types of endoscopes.
Sonada discloses for claim 2, “The endoscope system according to claim 1,
wherein in the case where the endoscope is the length measurement-compatible endoscope, the endoscope is capable of emitting measurement light and causing a display to display a length measurement image displaying a virtual scale based on the measurement light (S26, S28; fig 11; 0110-0110), and
the image control processor is configured to, in a state where the switching of the mode to the length measurement mode is enabled, perform at least one of switching of ON or OFF of length measurement image-display settings related to the length measurement image, switching of ON or OFF of length measurement function-operation state display showing that the virtual scale is being displayed on the display (the measurement marker displayed itself is considered to indicate the “function-operation state”, i.e. that the marker is turned on since the user can see that ON state of marker by confirming its visibility), or switching of ON or OFF of display of the virtual scale by and operation for switching the mode to the length mode or switching of a display pattern of the virtual scale by an operation for switching the mode to the length measurement mode”.
Sonada discloses for claim 3, “The endoscope system according to claim 2, wherein the image control processor is configured to switch the measurement light to ON, switch the length measurement image-display settings to ON, switch the length measurement function-operation state display to ON, and switch the display of the virtual scale to ON by the operation for switching the mode to the length measurement mode (S20 along with other corresponding steps; fig 11; 0078, 0099)”.
Sonada discloses for claim 4, “The endoscope system according to claim 3, wherein the image control processor is configured to, in a case where conditions in switching the mode are not satisfied in the operation for switching the mode to the length measurement mode, prohibit the switching of the measurement light to ON, prohibit the switching of the length measurement image-display settings to ON, prohibit the switching of the length measurement function-operation state display to ON, and prohibit the switching of the display of the virtual scale to ON (0098 describes the conditional requirements for switching into the measurement mode and also reverting to a normal imaging mode when the conditions are not met)”.
Sonada discloses for claim 7, “The endoscope system according to claim 3, wherein the switching of the display pattern of the virtual scale is performed according to a selection from a plurality of scale patterns (S28; fig 11; 0111)”.
Sonada discloses for claim 8, “The endoscope system according to claim 2, wherein the image control processor is configured to switch the measurement light to OFF, switch the length measurement image-display settings to OFF, switch the length measurement function-operation state display to OFF, and switch the display of the virtual scale to OFF by an operation for switching the length measurement mode to another mode (fig 11; 0078, 0099)”.
Modified Sonada (as in claim 1) discloses for claim 11, “A method of operating an endoscope system that includes an endoscope (Sonada: 100; fig 1; 0065) and a processor device (Sonada: 200; fig 2; 0078) including an image control processor (Sonada: 210; fig 2; 0090),
wherein the image control processor, in a case where the endoscope is connected to the processor device, read out a scope ID from the endoscope, and based on the scope ID determines whether or not the endoscope is a length measurement-compatible endoscope (Fujimoto: 0015, 0019, with specific example use at 0026),
enables switching of a mode to a length measurement mode in a case where the endoscope is the length measurement-compatible endoscope (Sonada: S14, S16; fig 11; 0096-0099), and
in a state where the switching of the mode to the length measurement mode is enabled, performs switching of ON or OFF of a measurement light emitted from the endoscope (Sonada: S18; 0099),
with reference to a representative point data table (0121 describes measuring in advance and storing in memory 212 a point data table as the relationship between positions of spots on the imaging surface and the sizes of the markers/pixels), create a virtual scale image corresponding to a model and/or a serial number of the endoscope (e.g. marker M3A; fig 20; 0112), and
superimpose the virtual scale image on an image captured by the endoscope and display the superimposed image on a display (fig 20).”
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sonada and Fujimoto as applied to claim 4 above, and further in view of Endo US2013/0137377.
Sonada does not disclose for claim 5, “The endoscope system according to claim 4, wherein length measurement function-operation state-unavailability display showing that the virtual scale is not being displayed is switched to ON instead of prohibiting the switching of the length measurement function-operation state display to ON”. This step is interpreted to provide an alert or warning to the user in the case of an error resulting in a function being unavailable. As such, Endo teaches in the same field of endeavor, providing an error indication state via a state indication LED 104 when a specific function is unavailable, i.e. a communication channel (0083). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Endo into the invention of Sonada in order to configure the endoscope system e.g. as claimed because the provides additional situational information to the user.
Claim(s) 6, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sonada and Fujimoto as applied to claim 3 above, and further in view of Taniguchi US2013/0158344.
Sonada does not disclose for claim 6, “The endoscope system according to claim 3, wherein the image control processor is configured to, in a case where the length measurement image-display settings are switched to ON, store image display settings before the mode is switched to the length measurement mode”. Taniguchi teaches in the same field of endeavor, recording examination flow information, considered to include imagine display setting, containing contents of a series of processes in the examination and operation modes (0009). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Taniguchi into the invention of Sonada in order to configure the endoscope system e.g. as claimed because it allows preservation of previous examination and operation mode settings which can be retrieved to restore prior imaging conditions.
Modified Sonada as in claim 6 discloses for claim 9, “The endoscope system according to claim 2, wherein the image control processor is configured to, in a case where the length measurement image-display settings are switched to OFF, switch image display settings to image display settings stored before the mode is switched to the length measurement mode (Sonada: 0098 describes reverting back to a normal observation mode when the determination step S14 is negative; Taniguchi: 0009 discloses saving operational settings in the context of switching operational modes, thereby facilitating a mode change)”.
Modified Sonada as in claim 6 discloses for claim 10, “The endoscope system according to claim 8, wherein the image control processor is configured to, in a case where the length measurement image-display settings are switched to OFF, switch image display settings to image display settings stored before the mode is switched to the length measurement mode (Sonada: 0098 describes reverting back to a normal observation mode when the determination step S14 is negative; Taniguchi: 0009 discloses saving operational settings in the context of switching operational modes, thereby facilitating a mode change)”.
Response to Arguments
Applicant's arguments filed 2/27/2026 have been fully considered but they are not persuasive.
With respect the arguments to Fujimoto and Sonada in section 3 and 4 of the remarks, new citations were provided in the rejection above, therefore the arguments are moot.
With respect to the argument in section 5 that the interpretation (“control specific to the endoscope”) provided in the rejection is “unreasonably broad” and “beyond what a person of ordinary skill would understand” is considered not persuasive. Fujimoto is cited to teach that the controller 33 performs control specific to the endoscope. All the functions claimed in the application with respect to the processor are considered “control specific to the endoscope” which read on Fujimoto 0019. Applicant’s argument that the amended endoscope function is somehow not “control specific to endoscope” by asserting that it is a specific architecture linking a data structure with an image generation process is not persuasive. Applicant must explicitly describe how that is not a control specific to the endoscope, in particular since by applicant’s own admission, it is part of “an image generation process”. It is unclear how this would somehow define it as something other than a control specific to the endoscope. Applicant’s support for such an assertion is that it “would be an unreasonably broad interpretation beyond what a person of ordinary skill would understand from Fujimoto” is also considered not persuasive. Applicant is proposing that their amended processor functionality somehow has a special carveout consideration from control specific to the endoscope such that an endoscope’s controller should not be the element to perform the control, i.e. the controller should not perform the function that it is created for. In other words, counter to applicant’s argument, the applicant is proposing that the controller for an endoscope should somehow just for this amended claimed endoscope function, ignore the sole and primary function of the controller and to delegate this function to a different part of the endoscope. It is clear that this assertion is unreasonable since it is the controller’s job to control the functions of said endoscope.
With respect to the argument of section 6, this is considered mere allegations of patentability since no supporting evidence is provided. Additionally, the rejection provides additional citations to the newly amended text (see rejection above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
5/23/26
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