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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6, 8, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dong (CN109381153) in view of Ueda (JP2008188214).
Regarding claim 1, Dong discloses a medical support system comprising one or more processors having hardware, wherein the one or more processors are configured to: acquire a simultaneously captured image group including a plurality of endoscopic images that are simultaneously captured by imaging substantially a same area of a same object at a same angle of view, in which at least one of an imaging method or an image processing method is different from each other (image processing module 3 including fluorescence imaging unit and visible light imaging unit [page 4, paragraph 7-9]; device may comprise two image sensors 22 for capturing a fluorescent image and a visible light image simultaneously from light reflected from the detected tissue that passes through the endoscopic probe 1 and enters the spectroscopic component 21, which divides the two beams in different exit angles and wavelengths to their respective image sensors 22 for capturing a fluorescent image and a visible light image [translated page 3, paragraph 5 & 7], simultaneous acquisition of visible light images and fluorescent images [translated page 4, paragraph 2, last line]; visible picture, fluorescent picture and composite picture is acquired), and select a predetermined number of endoscopic images from the simultaneously captured image group, and generate a display image that displays a list of the selected endoscopic images on a display device (image processing module further includes a display unit provided with four display modes: fluorescent display mode, white light display mode, dual display mode and multi-screen display mode [translated page 2, paragraph 3]). Dong fails to disclose wherein the plurality of endoscopic images are captured in response to one operation of a release switch. In the same field of endeavor, Ueda teaches a medical support system comprising a processor configured to acquire a simultaneously captured image group including a plurality of endoscopic images that are simultaneously captured, and select a predetermined number of endoscopic images from the simultaneously captured image group (control unit 31 reads out various system and processing programs, further controls display processing [0031-0032]; medical image is captured from the medical image generation apparatus, after image is captured the order in which one of the display layout modes is determined [0053], control unit counts the number of captured medical images and displays them all on one screen [0054]), and generate a display image that displays a list of the selected endoscopic images on a display (display layout mode preset by user determines format of medical images that are displayed on the screen [0052]), further teaching wherein a plurality of endoscopic images are captured simultaneously in response to one operation of a release switch (medical image may be captured when a user clicks an image capturing button with a mouse [0053]). Since Dong fails to disclose the procedure in which the plurality of images is simultaneously captured, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any known image-capturing trigger, including the operation of a release switch as taught by Ueda, to the system of Dong, as a release switch is a common technique in the endoscope art to capture images.
Regarding claim 2, Dong, modified by Ueda, discloses the medical support system according to claim 1. Dong further discloses wherein the one or more processors are configured to set the number of endoscopic images to be displayed from the simultaneously captured image group (through selection of display modes, number of endoscopic images to be displayed is set [translated page 2, paragraph 3], for example, if dual display mode is selected, two endoscopic images are set to be displayed).
Regarding claim 3, Dong, modified by Ueda, discloses the medical support system according to claim 1. Dong further discloses wherein the one or more processors are configured to: set a display mode in which the number of endoscopic images to be displayed from the simultaneously captured image group is determined, and generate a display image including the number of endoscopic images according to the set display mode (through selection of display modes, number of endoscopic images to be displayed is set [translated page 2, paragraph 3], for example, if dual display mode is selected, two endoscopic images are set to be displayed).
Regarding claim 4, Dong, modified by Ueda, discloses the medical support system according to claim 3. Dong further discloses wherein the one or more processors are configured to: set a first display mode in which the number of endoscopic images to be displayed from the simultaneously captured image group is determined to be one, and generate the display image including one endoscopic image selected from the simultaneously captured image group (display mode may be set to white light display mode, which display only the visible light picture, or the fluorescent display mode, which displays only the fluorescent picture [translated page 2, paragraph 3]).
Regarding claim 6, Dong, modified by Ueda, discloses the medical support system according to claim 4. Dong further discloses wherein the one or more processors are configured to: set a second display mode in which all endoscopic images of the simultaneously captured image group are displayed, and generate the display image including all endoscopic images of the simultaneously captured image group (multi-screen display mode simultaneously displays the visible picture, the fluorescent picture and the composite picture [translated page 2, paragraph 3]).
Regarding claim 8, Dong, modified by Ueda, discloses the medical support system according to claim 6. Dong further discloses wherein the one or more processors are configured to: set a third display mode in which the number of endoscopic images to be displayed from the simultaneously captured image group is determined to be a predetermined number of two or more, and generate the display image including two or more predetermined number of endoscopic images selected from the simultaneously captured image group (dual display mode simultaneously displays the composite picture and visible picture, multi-screen display mode simultaneously displays the visible picture, fluorescent picture and the composite picture [translated page 2, paragraph 3]).
Regarding claim 20, Dong disclose a medical support method, comprising: acquiring a simultaneously captured image group including a plurality of endoscopic images that are simultaneously captured by imaging substantially a same area of a same object at a same angle of view, in which at least one of an imaging method or an image processing method is different from each other (image processing module 3 including fluorescence imaging unit and visible light imaging unit [page 4, paragraph 7-9]; device may comprise two image sensors 22 for capturing a fluorescent image and a visible light image simultaneously from light reflected from the detected tissue that passes through the endoscopic probe 1 and enters the spectroscopic component 21, which divides the two beams in different exit angles and wavelengths to their respective image sensors 22 for capturing a fluorescent image and a visible light image [translated page 3, paragraph 5 & 7], simultaneous acquisition of visible light images and fluorescent images [translated page 4, paragraph 2, last line]; visible picture, fluorescent picture and composite picture is acquired), selecting a predetermined number of endoscopic images from the simultaneously captured image group, and generating a display image that displays a list of the selected endoscopic images on a display (image processing module further includes a display unit provided with four display modes: fluorescent display mode, white light display mode, dual display mode and multi-screen display mode [translated page 2, paragraph 3]). Dong fails to disclose wherein the plurality of endoscopic images are captured in response to one operation of a release switch. In the same field of endeavor, Ueda teaches a medical support system comprising a processor configured to acquire a simultaneously captured image group including a plurality of endoscopic images that are simultaneously captured, and select a predetermined number of endoscopic images from the simultaneously captured image group (control unit 31 reads out various system and processing programs, further controls display processing [0031-0032]; medical image is captured from the medical image generation apparatus, after image is captured the order in which one of the display layout modes is determined [0053], control unit counts the number of captured medical images and displays them all on one screen [0054]), and generate a display image that displays a list of the selected endoscopic images on a display device (display layout mode preset by user determines format of medical images that are displayed on the screen [0052]), further teaching wherein a plurality of endoscopic images are captured simultaneously in response to one operation of a release switch (medical image may be captured when a user clicks an image capturing button with a mouse [0053]). Since Dong fails to disclose the procedure in which the plurality of images is simultaneously captured, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any known image-capturing trigger, including the operation of a release switch as taught by Ueda, to the system of Dong, as a release switch is a common technique in the endoscope art to capture images.
Claims 5,7,9,15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Dong in view of Ueda and Endo (US2023/0274429).
Regarding claim 5, Dong, modified by Ueda, discloses the medical support system according to claim 4, but fails to disclose wherein the one or more processors are configured to arrange an icon indicating that a non-displayed image exists in association with the selected one endoscopic image. In the same field of endeavor, Endo teaches a medical support system comprising a processor configured to acquire an image group including a plurality of endoscopic images, generate a display image that display a list of the selected endoscopic images on a display device (selected images are acquired and user selects maximum number of selected images to be displayed in display region 106b [0123-0124]),
arrange an icon indicating that a non-displayed image exists in association with the selected one endoscopic image (since area of display region may be limited, hidden selected images can be displayed by scrolling the screen of the selected image display region by moving scroll bar 106e, analogous to applicant’s icon [0106]). In view of Endo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the scroll bar of Endo, to the system of Dong, modified by Ueda, as the icon of the scroll bar indicates to the user that there exist more images in the image group, and further allows the user to view the non-displayed images by scrolling down.
Regarding claim 7, Dong, modified by Ueda, discloses the medical support system according to claim 6, but fails to disclose wherein the one or more processors are configured to receive a user operation of changing a display priority order that is set based on the imaging method and/or the image processing method. In the same field of endeavor, Endo teaches a medical support system comprising a processor configured to acquire an image group including a plurality of endoscopic images, generate a display image that display a list of the endoscopic images on a display device (selected images are acquired and user selects maximum number of selected images to be displayed in display region 106b [0123-0124]), further disclosing the processor configured to receive a user operation of changing a display priority that is set based on an imaging method and/or an image processing method (user inputs a priority order in an input box 105e such that lesion image has a first priority, a sample collection image has second priority and a normal image has third priority [0122]). In view of Endo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein a user operation is capable of changing a display priority order based on the imaging method and/or the image processing method, as taught by Endo, as it is known in the endoscope art for allowing a user to view images that more urgently need attention or viewing.
Regarding claim 9, Dong, modified by Ueda, discloses the medical support system according to claim 8, but fails disclose wherein the one or more processors are configured to select the two or more predetermined number of endoscopic images from the simultaneously captured image group based on the display priority order that is set based on the imaging method and or the image processing method. In the same field of endeavor, Endo teaches a medical support system comprising a processor configured to acquire an image group including a plurality of endoscopic images, generate a display image that display a list of the endoscopic images on a display device (selected images are acquired and user selects maximum number of selected images to be displayed in display region 106b [0123-0124]), further disclosing wherein two or more predetermined number of endoscopic images from the simultaneously captured image group are based on the display priority order that is set based on the imaging method and or the image processing method (user inputs a priority order in an input box 105e such that lesion image has a first priority, a sample collection image has second priority and a normal image has third priority [0122]; first display aspect setting unit 91 sets the first display aspect such that the lesion image, the sample collection image and the normal image are arranged and displayed in this order [0122]). In view of Endo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein images from an image group are displayed based on the display priority order that is set based on the imaging method and/or the image processing method, as taught by Endo, as it is known in the endoscope art for allowing a user to view images that more urgently need attention or viewing.
Regarding claim 15, Dong, modified by Ueda, discloses the medical support system according to claim 4. Dong further discloses wherein the one or more processors are configured to: receive a user operation of instructing display of the endoscopic image displayed in a list in a comparison display area in which the number of images to be displayed is set, and select the number of endoscopic images to be displayed from the simultaneously captured image group, and generate a display image including a comparison display area in which the endoscopic images are arranged (one of the four display modes is selected [translated page 4, paragraphs 11-12], if multi-screen display mode is selected, three images: visible picture, fluorescent picture and composite picture are display in an area of the screen, allowing them to be compared). Dong fails to disclose wherein the number of endoscopic images to be displayed is based on the display priority order that is set for the imaging method and/or the image processing method. In the same field of endeavor, Endo teaches a medical support system comprising a processor configured to acquire an image group including a plurality of endoscopic images, generate a display image that display a list of the endoscopic images on a display device (selected images are acquired and user selects maximum number of selected images to be displayed in display region 106b [0123-0124]), further disclosing the processor configured to receive a user operation of changing a display priority that is set based on an imaging method and/or an image processing method (user inputs a priority order in an input box 105e such that lesion image has a first priority, a sample collection image has second priority and a normal image has third priority [0122]). In view of Endo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein images from an image group are displayed based on a display priority order that is set based on the imaging method and/or the image processing method, as taught by Endo, as it is known in the endoscope art for allowing a user to view images that more urgently need attention or viewing.
Regarding claim 16, Dong, modified by Ueda, discloses the medical support system according to claim 3, but fails to disclose wherein the one or more processors are configured to set a display mode based on at least one of an examination item, physician information, and a ratio of the number of simultaneously captured images. In the same field of endeavor, Endo teaches a medical support system comprising a processor configured to acquire an image group including a plurality of endoscopic images, generate a display image that display a list of the endoscopic images on a display device (selected images are acquired and user selects maximum number of selected images to be displayed in display region 106b [0123-0124], and set a display mode based on an examination item (a display mode as shown in Fig. 15 is based on the presence or absence of a lesion, analogous to applicant’s examination item [0122]). In view of Endo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein a display mode is set based on an examination item, as taught by Endo, as it is known in the art that setting a display mode based on an examination item allows a user to view images that more urgently need attention or viewing, pertaining to the examination item.
Regarding claim 17, Dong, modified by Ueda and Endo, discloses the medical support system according to claim 16. Dong further discloses wherein the one or more processors are configured to: set a first display mode in which the number of endoscopic images to be displayed from the simultaneously captured image group is determined to be one, and generate, from the simultaneously captured image group, a display image including an endoscopic image that is acquired by a predetermined imaging method or image processing method (display mode may be set to white light display mode, which display only the visible light picture, or the fluorescent display mode, which displays only the fluorescent picture [translated page 2, paragraph 3]).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Dong in view of Ueda and Krupnik (US2006/0164511).
Regarding claim 10, Dong, modified by Ueda, discloses the medical support system according to claim 8, but fails to disclose wherein the one or more processors are configured to: receive a user operation of instructing enlargement display on one of the two or more predetermined number of endoscopic images selected from the simultaneously captured image group and displayed, and generate the display image including the two or more predetermined number of the enlarged endoscopic images.
In the same field of endeavor, Krupnik teaches method for displaying a plurality of images of an image group captured by an imaging device, the images transmitted an image monitor, further comprising wherein a user performs an operation of instructing enlargement display on one of the plurality of images from the image group, and generating the display image including two or more predetermined number of the enlarged endoscopic images (Fig. 5: group of images with variation above a predetermined threshold may be displayed in larger frames such as frames 401-406, sensitivity of the grouping may be adjusted by increasing or decreasing the defined threshold, which may be adjusted by the user [0042], thus a user operation may change the selection of enlarged endoscopic images to be displayed). In view of Krupnik, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the enlarged image display feature, as taught by Krupnik, to the system to Dong, as this feature is known in the art to beneficially allow a user to view a few emphasized images most likely containing information of interest [0042-0043].
Regarding claim 11, Dong, modified by Ueda and Krupnik, discloses the medical support system according to claim 10. Krupnik further teaches wherein the one or more processors are configured to: receive a user operation of instructing a change in the endoscopic image, and change the enlarged endoscopic image to another endoscopic image in the simultaneously captured image group (Fig. 5: group of images with variation above a predetermined threshold may be displayed in larger frames such as frames 401-406, sensitivity of the grouping may be adjusted by increasing or decreasing the defined threshold, which may be adjusted by the user [0042], thus a user operation may change the enlarged endoscopic image).
Regarding claim 12, Dong, modified by Ueda and Krupnik, discloses the medical support system according to claim 10. Ueda further teaches wherein the one or more processors are configured to: acquire a plurality of the simultaneously captured image groups that are captured at different times; receive a user operation of instructing a change in the simultaneously captured image group; and generate the display image including a predetermined number of endoscopic images of the different simultaneously captured image groups (medical image may be captured when a user clicks an image capturing button with a mouse [0053], captured medical image is stored in a folder, the folder displayed on display unit 34; multiple folders may exists, as multiple medical images are captured, suggested by the control unit’s ability to organize the folders by examination day [0053], thus control unit 31 is capable of generating a display image for the different groups of medical images captured ).
Allowable Subject Matter
Claims 13 and 14 are 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. Claims 21 and 22 are indicated as allowable. Claim 13 and 14 were indicated as containing allowable subject matter in the Office Action dated October 2, 2025.
Claim 13 recites “wherein the one or more processors are configured to: receive a user operation of drawing on the enlarged endoscopic image, and perform drawing according to the user operation on the endoscopic image, and also perform drawing according to the user operation on another endoscopic image included in the simultaneously captured image group” and limitation of intervening claims 1, 3, 8 and 10. Newly added claim 21 recites the limitations of claim 13, in addition, most of the limitations of intervening claims 1, 3, 8, and 10.
The prior art on record and those listed in the PTO-892 show some of the limitations of the claims 13 and 21, however, fails to show all of the limitation of claims 13 and 21, particularly wherein a drawing on an enlarged endoscopic image, initiated by a user operation, is performed on another endoscopic image included in the simultaneously captured image group. Further, there is no reasoning, teaching or suggesting provided with any prior art of record that teaching a motivation for modifying Dong or Ueda to include this limitation. This limitation, in context, with the other limitations in the claim, considering the claim as a whole, with respect to the prior art on record, is not anticipated nor is obvious over the prior art of record.
Response to Arguments
Applicant's arguments filed December 30, 2025 have been fully considered but they are not persuasive. Applicant has amended claims 1 and 20 to specify that the plurality of endoscopic images that are simultaneously captured are captured “by imaging substantially a same area of a same object at a same angle of view” and has argued that Dong and/or Ueda fails to expressly disclose this limitation. The examiner respectfully disagrees.
Dong is an endoscopic device that comprises two image sensors that separately captures a fluorescent image and a visible light image simultaneously as reflected light enters the endoscopic probe 1, is split through the beam splitting component 21 into two beam lights that are captured by the two imaging sensor simultaneously, as explained in page 3, paragraph 5 of the translated description of Dong. Further, page 3, paragraph 7, lines 5-6 of the translated description of Dong states “[light] is captured by the two image sensors 22, respectively and the fluorescence image and the visible light image can be simultaneously acquired”. Therefore, the two imaging sensors are capturing substantially the same area of a same object at a same angle of view, but separately capture a fluorescence image and a visible light image since the component 21 separates the light emitting by the fluorescent dye from the reflected light of the tissue to be inspected.
In view of the citations listed above, Applicant’s arguments were not persuasive.
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.
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/LI-TING SONG/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
05/04/2026
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