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 .
Status of Claims
Claims 1-19 are pending, claims 12-19 have been withdrawn from consideration, and claims 1-11 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objection has been withdrawn (claim numbering has been corrected).
Response to Arguments
Applicant's arguments filed 02/19/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument “Kuboi fails to remedy…At most, Kuboi discloses cooling the light source to approximately room temperature” (pg. 9 of Remarks), the Examiner respectfully disagrees. Kuboi teaches a temperature control unit (103, figure 1) disposed on a heat sink (104, figure 1), where the heat sink may be forcedly cooled by a fan (not shown; [0032]). The temperature control units (103, figure 1) are heatable and coolable in order to control the temperature of the light sources ([0032]). The examiner interpreted the first thermoelectric cooler (both 103-104 or fan, figure 1; [0032]) to cool a first heat sink (104, figure 1) to below a first ambient temperature of air surrounding the first heat sink (second target value….lower than the second target value [0083] | maintained at a relatively low temperature [0065]). The cooling of the temperature control unit (103, figure 1) would also cool the heat sink (104, figure 1), as there is less heat generated by the light source that is conducted to the heat sink and the temperature control unit is disposed on the heat sink. The heat sink is also forcedly cooled by a fan as necessary ([0032]).
Regarding the Applicant’s argument that “Kuboi discloses that the temperature control unit is disposed on the light source for controlling the temperature of the light source – not for cooling a heat sink to which the light source is thermally coupled as recited in claim 1” (pg. 9 of Remarks), the Examiner respectfully disagrees. The temperature control units (103, figure 1) are heatable and coolable in order to control the temperature of the light sources ([0032]). The cooling of the temperature control unit (103, figure 1) would also cool the heat sink (104, figure 1), as there is less heat generated by the light source that is conducted to the heat sink and the temperature control unit is disposed on the heat sink. The heat sink is also forcedly cooled by a fan as necessary ([0032]).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a video device in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ott (US 2007/0265504), in view of Kuboi (US 2020/0008280).
Regarding claim 1, Ott discloses a method of capturing stroboscopic images, the method comprising: energizing a first light source (stroboscopic light source [0013]) to produce a sequence of light flashes (pulses…[0013]) generated by the first light source, transmitting light from the sequence of light flashes generated by the first light source into a light guide of an endoscope (fiber optic cable…optics tube [0016]); emitting light from the sequence of light flashes generated by the first light source by the endoscope (illuminate the larynx…[0008]); and capturing images of an object illuminated by the light from the sequence of light flashes generated by the first light source emitted by the endoscope (image capture…film the vocal folds [0010]). Ott is silent regarding operating a first thermoelectric cooler to cool a first heat sink to below a first ambient temperature of air surrounding the first heat sink; subsequent to the first heat sink being cooled to below the first ambient temperature, wherein the first light source is thermally coupled to the first heat sink to cool the first light source during the production of the sequence of light flashes generated by the first light source.
Kuboi teaches light sources (101, figure 3) with temperature control units (103, figure 3) that are heatable and coolable in order to control temperature of the light sources ([0032]). The temperature control units may be disposed on a large heat sink (104, figure 1), where they may be forcedly cooled by a fan as necessary ([0032]). An ambient environment temperature sensor (109, figure 1) can be used with the dew condensation determination unit (112, figure 2) to determine if dew condensation may occur in the light source and to control the light sources or temperature control units based on a dew condensation suppression mode ([0060]). A correction value of 5°C or 10°C ([0089]) can be assigned for when the ambient environment temperature sensor is 30°C or 40°C or 45°C ([0079]-[0083]). One of the light sources may have a wavelength shift limit temperature that is lower than the target value, where the light source and the temperature control unit are maintained at a relatively low temperature ([0065]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Ott to use a temperature control unit(s) (103, figure 3), a large heat sink (104, figure 1), a fan ([0032]), and an ambient environment temperature sensor (109, figure 1) as taught by Kuboi. Doing so would provide a low driving temperature of the light source and prolong the life of the light source or improving the light-emitting efficiency ([0088]). The modified method would comprise operating a first thermoelectric cooler (103-104 or fan, figures 1-3; [0032]; Kuboi) to cool a first heat sink (104, figure 1) to below a first ambient temperature of air surrounding the first heat sink (second target value….lower than the second target value [0083] | maintained at a relatively low temperature [0065]); subsequent to the first heat sink being cooled to below the first ambient temperature (maintained at a…low temperature [0065]), wherein the first light source is thermally coupled to the first heat sink to cool the first light source (104, figure 1) during the production of the sequence of light flashes generated by the first light source (pulses…[0013]; Ott).
Regarding claim 2, Kuboi further teaches the first heat sink is cooled to at least 5 degrees Celsius below the first ambient temperature (second target value 45° C…usable upper limit temperature…40°C [0082] | maintained at a…low temperature [0065]).
Regarding claim 3, Kuboi further teaches the first heat sink is cooled to at least 10 degrees Celsius below the first ambient temperature (correction value of 5°C or 10°C [0089] | maintained at a…low temperature [0065]).
Regarding claim 10, Ott further discloses the object illuminated by the light emitted by the endoscope comprises vocal chords of a patient (vocal cords [0008]; Ott); and the images are captured by a video device (this element is interpreted under 35 USC 112f as an imaging device | camera…illuminate and film the vocal…[0010]).
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ott (US 2007/0265504) and Kuboi (US 2020/0008280) as applied to claim 1 above, and further in view of Onobori (US 2019/0254510).
Regarding claim 4, Ott and Kuboi disclose all the features in the current invention as shown above in claim 1. They are silent regarding transmitting the light from the sequence of light flashes generated by the first light source into the light guide of the endoscope comprises redirecting, by a first reflective light transmitter, a portion of the light from the sequence of light flashes generated by the first light source that is incident on the first reflective light transmitter into the light guide of the endoscope.
Onobori teaches a light source unit (113, figure 6) with a light emitting element (31, figure 6), a phosphor (32, figure 6), and a light-transmitting cover glass (35, figure 6). The light-emitting element is mounted on the substrate (30, figure 6). A cover member (40, figure 6) includes a base plate that has a hollow dome shape, and is disposed to cover the light emitting element ([0062]). A reflective film (41, figure 6) reflects LED light and is formed on the inner wall surface (40a, figure 6) of the cover member (40, figure 6). An opening (42, figure 6) is formed in a part of the cover member (40, figure 6) that is opposite the light emitting surface (31a, figure 6). The cover member is used to improve the light use efficiency ([0064]). A collimator lens (121-124, figure 2) is arranged in front of a light source unit to convert the light into parallel light ([0043]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Ott and Kuboi to use a light source unit (113, figure 6) with a collimator lens (121-124, figure 2) as taught by Onobori. Doing so would improve the light use efficiency of the light source unit ([0064]). The modified method would comprise transmitting the light from the sequence of light flashes generated by the first light source into the light guide of the endoscope (fiber optic cable…optics tube [0016]; Ott) comprises redirecting, by a first reflective light transmitter (see 30 and 40, figure 6; Onobori | reflective film 41, figure 6), a portion of the light from the sequence of light flashes generated by the first light source that is incident on the first reflective light transmitter into the light guide of the endoscope (see figure 6).
Regarding claim 5, Onobori further teaches the first reflective light transmitter comprises a first reflective base (30, figure 6; Onobori), a first hemispherical reflector (40, figure 6), and a first central aperture (42, figure 6); and the light from the sequence of light flashes generated by the first light source passes through the first central aperture (opening 42…[0063]).
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ott (US 2007/0265504) and Kuboi (US 2020/0008280) and Onobori (US 2019/0254510) as applied to claim 5 above, and further in view of Wiklof (US 2005/0020926).
Regarding claim 6, Ott and Kuboi and Onobori disclose all of the features in the current invention as shown above in claim 5. They are silent regarding performing, by an image processor, color balancing of the images to compensate for a shift in spectrum induced by the first hemispherical reflector.
Wiklof teaches a scanned beam imager (102, figure 1) with an illuminator (104, figure 1) and a detector (116, figure 1). A controller (118, figure 1) builds up a digital image and transmits it for further processing, decoding, a display via interface (120, figure 1 | [0057]). The image may be color-balanced electronically ([0014]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Ott, Kuboi, and Onobori with an interface (120, figure 1) as taught by Wiklof. Doing so would allow the image to be further processed ([0057]) and color-balanced electronically ([0014]). The modified method would comprise performing, by an image processor (120, figure 1; Wiklof), color balancing of the images to compensate for a shift in spectrum induced by the first hemispherical reflector (color-balance [0014]).
Regarding claim 7, Onobori further teaches the first light source comprises a phosphor coating (32, figure 6) configured to emit white light white light [0059]).
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ott (US 2007/0265504) and Kuboi (US 2020/0008280) as applied to claim 1 above, and further in view of Onobori (US 2019/0254510) and Utsui (US 2002/0021355).
Regarding claim 8, Ott and Kuboi disclose all of the features in the current invention as shown above in claim 1. They are silent regarding collimating and converging the light from the sequence of light flashes generated by the first light source via a first lens module comprising a first collimating lens and a first converging lens.
Onobori teaches a light source unit (113, figure 6) with a light emitting element (31, figure 6), a phosphor (32, figure 6), and a light-transmitting cover glass (35, figure 6). The light-emitting element is mounted on the substrate (30, figure 6). A cover member (40, figure 6) includes a base plate that has a hollow dome shape, and is disposed to cover the light emitting element ([0062]). A reflective film (41, figure 6) reflects LED light and is formed on the inner wall surface (40a, figure 6) of the cover member (40, figure 6). An opening (42, figure 6) is formed in a part of the cover member (40, figure 6) that is opposite the light emitting surface (31a, figure 6). The cover member is used to improve the light use efficiency ([0064]). A collimator lens (121-124, figure 2) is arranged in front of a light source unit to convert the light into parallel light ([0043]).
Utsui teaches an endoscope system (figure 1) with an endoscope (1, figure 1) with a light guide (13, figure 1), a light source device (2, figure 1), and a video processor (3, figure 1). The light source device has a white light source (21, figure 1). A condenser lens (26, figure 1) condenses the light onto a proximal end surface of the light guide (13, figure 1).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Ott and Kuboi to use a light source unit (113, figure 6) with a collimator lens (121-124, figure 2) as taught by Onobori. Doing so would improve the light use efficiency of the light source unit ([0064]) and convert the emitted light into parallel light ([0043]). Further, it would have been obvious to modify the method of Ott and Kuboi to use a condenser lens (26, figure 1) as taught by Utsui. Doing so would condense the light onto a proximal end surface of a light guide ([0041]). The modified method would comprise collimating and converging the light from the sequence of light flashes generated by the first light source via a first lens module comprising a first collimating lens (121-124, figure 2; Onobori) and a first converging lens (condenser lens 25…converging [0045]; Utsui).
Regarding claim 9, Utsui and Ott further disclose the first converging lens directs the light from the sequence of light flashes generated by the first light source into a fiber port (condenser lens 26…onto a proximal end surface of the light guide [0041]; Utsui | fiber optic cable [0016]; Ott).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ott (US 2007/0265504) and Kuboi (US 2020/0008280) as applied to claim 10 above, and further in view of Ott (US 2007/0265504).
Regarding claim 11, Ott further discloses generating, by a microphone (microphone [0017]; Ott), a microphone output signal in response to vocalization of the patient (capture the voice frequency [0017]). Ott and Kuboi are silent regarding processing, by a controller, the microphone output signal to track a fundamental phonation frequency of the patient; and energizing, by the controller, the first light source to produce the sequence of light flashes generated by the first light source in synchronization with the fundamental phonation frequency during a first video frame of the video device during which the vocal chords complete at least two complete displacement cycles so that the sequence of light flashes generated by the first light source illuminate matching segments of the at least two complete displacement cycles.
Ott further teaches a processor base (20, figure 1) that manages the signal received by the microphone (40, figure 8) and converts it into electric pulses to the stroboscopic light source ([0054]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Ott and Kuboi with a processor base (20, figure 1) as taught further by Ott. Doing so would provide slow motion visualization of images acquired with a light pulse at frequencies very close to the frequency of the emitted sounds from a patient ([0062]). The modified method would comprise processing, by a controller (20, figure 1; Ott), the microphone output signal to track a fundamental phonation frequency of the patient (frequency…vocal cords…[0063]); and energizing, by the controller, the first light source to produce the sequence of light flashes generated by the first light source in synchronization with the fundamental phonation frequency (light pulse at frequencies very close….emitted sound [0062]) during a first video frame of the video device during which the vocal chords complete at least two complete displacement cycles (200 cycles per second [0064] | depending on the frame per second, such as a 30 fps, there can be at least 2 cycles per frame) so that the sequence of light flashes generated by the first light source illuminate matching segments of the at least two complete displacement cycles (frequencies very close to…[0062]).
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 PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
May 29, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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