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 .
Response to Arguments
Applicant’s arguments, see p. 9, para. 4, filed 3/23/2026, with respect to claim 21 have been fully considered and are persuasive. The USC 112b rejection of 1/2/2026 has been withdrawn.
Applicant’s arguments, see p. 9, para. 6, filed 3/23/2026, with respect to claim 1 have been fully considered and are persuasive. The USC 101 rejection of 1/2/2026 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-19, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukuta (CN 109310305 B).
Regarding claim 1, Fukuta teaches An endoscope device comprising a processor configured to:
calculate light source control information based on the first information and the second information (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio); and
control a light source of the light source device based on the light source control information.
Fukuta does not explicitly teach acquire second information regarding a light source device, the second information including a ratio of an amount of light emitted from a distal end of a reference scope that is different from the scope to an amount of light emitted from the light source device to the reference scope,
However, 蔵本 昌之 teaches acquire second information regarding a light source device, the second information including a ratio of an amount of light emitted from a distal end of a reference scope that is different from the scope to an amount of light emitted from the light source device to the reference scope (p. 7, para. 2, endoscope system 10 has a calibration mode to acquire correction coefficients calculated via the display pattern against a known light ratio),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light source control of Fukuta to include calibration with a reference scope as taught in 蔵本 昌之 in order to account for variance in light source devices (蔵本 昌之 p. 7, para. 8).
Regarding claim 2, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 1,
Further, Fukuta teaches wherein the first information includes at least one of a transmittance of a light guide optical system of the scope, an upper limit value of an amount of light that can be emitted from a distal end of the scope, and a light receiving sensitivity of an imaging element of the scope (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 3, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 1,
Further, Fukuta teaches wherein the first information includes an upper limit value of an amount of light that can be emitted from a distal end of the scope and a ratio of transmittance of a light guide optical system of the scope to transmittance of a light guide optical system of the reference scope (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 4, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 3,
Further, Fukuta teaches wherein the processor is configured to calculate, as the light source control information, an emission light amount upper limit value of the light source device that satisfies an upper limit value of the amount of light that can be emitted from the distal end of the scope based on the first information and the second information (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 5, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
However, claim 2 is rejected based upon the Markush grouping of the light receiving sensitivity of an imaging element of the scope rather than the upper limit value of the amount of light that can be emitted as specified in the dependent claim.
Regarding claim 6, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 1,
Further, Fukuta teaches wherein the second information includes the ratio of the amount of light emitted from the distal end of the reference scope to the amount of light emitted from the light source device to the reference scope, for each of a plurality of observation modes,
the processor is configured to perform the calculation until the observation mode is switched from one of the plurality of observation modes to another of the plurality of observation modes, and
the calculation is performed using, as the ratio of the amount of light emitted from the distal end of the reference scope to the amount of light emitted from the light source device to the reference scope the ratio of the amount of light emitted from the distal end of the reference scope to the amount of light emitted from the light source device to the reference scope according to the other observation mode (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 7, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Further, Fukuta teaches wherein the first information includes the light receiving sensitivity of the imaging element of the scope,
the second information includes a light receiving sensitivity of a standard imaging element and a predetermined color balance, and
the processor is configured to calculate, as the light source control information, a color balance of an emission light amount of the light source device based on the first information and the second information (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 8, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 7,
Further, Fukuta teaches wherein the first information includes the light receiving sensitivity of the imaging element of the scope, for each of a plurality of observation modes,
the second information includes the light receiving sensitivity of the standard imaging element and the color balance, for each of the plurality of observation modes, the processor is configured to perform the calculation until the observation mode is switched from one of the plurality of observation modes to another of the plurality of observation modes, and
in the calculation, the color balance of the emission light amount of the light source device is calculated based on the light receiving sensitivity of the imaging element of the scope according to the other observation mode, and the light receiving sensitivity of the standard imaging element and the color balance according to the other observation mode (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio, p. 24, para. 9, endoscope system has two action modes of common observation and analysis modes).
Regarding claim 9, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
However, claim 2 is rejected based upon the Markush grouping of the light receiving sensitivity of an imaging element of the scope rather than the upper limit value of the amount of light that can be emitted as specified in the dependent claim.
Regarding claim 10, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Further, Fukuta teaches wherein the first information further includes a correction factor associated with a circumstance of the scope with respect to the upper limit value of the amount of light that can be emitted from the distal end of the scope (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 11, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 1,
Further, Fukuta teaches wherein the first information includes a ratio of an upper limit value of the amount of light that can be emitted from the scope to an upper limit value of the amount of light that can be emitted from a reference scope (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio, hence the upper limit of luminance is recorded),
the second information includes an emission light amount upper limit value of the light source device that satisfies an upper limit value of an amount of light that can be emitted from a distal end of the reference scope, and the processor is configured to calculate, as the light source control information, an emission light amount upper limit value of the light source device that satisfies the upper limit value of the amount of light that can be emitted from the distal end of the scope based on the first information and the second information (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio).
Regarding claim 12, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Further, Fukuta teaches wherein the first information includes information regarding a manufacturing variation of the scope (p. 17, para. 6, manufacturing variation accounted for by calculation of light intensity), and
the second information includes information regarding a manufacturing variation of the light source device (p. 17, para. 6, manufacturing variation accounted for during analysis).
Regarding claim 13, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Further, Fukuta teaches wherein the first information is corrected according to a use time of the scope (p. 17, para. 6, corrections are accounted for using real-time data), and
the second information is corrected according to a use time of the light source device (p. 17, para. 6, corrections are accounted for using real-time data).
Regarding claim 14, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Fukuta teaches the device further comprising:
a video processor (fig. 1, element 200, p. 8, para. 13 processor 200) configured to perform image processing on a video signal from the scope based on third information including an upper limit value of a gain at the time of image processing for each scope.
Regarding claim 15, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Further, Fukuta teaches wherein the first information is stored in a first memory (fig. 1, element 512, p. 10, para. 6, memory 512) included in the scope, and
the second information is stored in a second memory included in the light source device or a video processor (fig. 1, element 506, p. 9, para. 6, frame memory portion 506).
Regarding claim 16, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 14,
Further, Fukuta teaches wherein the first information is stored in a first memory included in the scope (fig. 1, element 512, p. 10, para. 6, memory 512),
the second information is stored in a second memory included in the light source device, and the third information is stored in a third memory included in a video processor (fig. 1, element 506, p. 9, para. 6, frame memory portion 506).
Regarding claim 17, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 14,
Further, Fukuta teaches wherein the first information is stored in a first memory (fig. 1, element 512, p. 10, para. 6, memory 512) included in the scope, and
the second information and the third information are stored in a second memory included in the light source device or a video processor (fig. 1, element 506, p. 9, para. 6, frame memory portion 506).
Regarding claim 18, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 2,
Further, Fukuta teaches wherein at least one of the first information and the second information is stored in a memory provided by cloud computing or a memory on a network (fig. 1, element 506, p. 9, para. 6, frame memory portion 506).
Regarding claim 19, Fukuta in view of 蔵本 昌之 teaches The endoscope device according to claim 14,
Further, Fukuta teaches wherein at least one of the first information, the second information, and the third information is stored in a memory provided by cloud computing or a memory on a network (fig. 1, element 506, p. 9, para. 6, frame memory portion 506)..
Regarding claim 21, Fukuta teaches An endoscope system comprising:
a scope (fig. 1, element 100, p. 9, para. 1, endoscope 100);
a light source provided in a light source device(fig. 1, element 400, p. 9, para. 1, light source device 400); and a processor configured to:
calculate light source control information based on first information regarding the scope and second information regarding the light source device (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio); and
control a light source of the light source device based on the light source control information (p. 3, para. 3, the ratio of intensity of emitted light at the source and the intensity of the light illuminating the image data are both obtained and stored to create a color correction ratio),
Fukuta does not explicitly teach acquire second information regarding a light source device, the second information including a ratio of an amount of light emitted from a distal end of a reference scope that is different from the scope to an amount of light emitted from the light source device to the reference scope,
However, 蔵本 昌之 teaches acquire second information regarding a light source device, the second information including a ratio of an amount of light emitted from a distal end of a reference scope that is different from the scope to an amount of light emitted from the light source device to the reference scope (p. 7, para. 2, endoscope system 10 has a calibration mode to acquire correction coefficients calculated via the display pattern against a known light ratio),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light source control of Fukuta to include calibration with a reference scope as taught in 蔵本 昌之 in order to account for variance in light source devices (蔵本 昌之 p. 7, para. 8).
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 TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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/TIMOTHY TUAN LUU/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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