DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/27/2026 has been entered.
Notice to Applicant
3. This communication is in response to the communication filed 5/27/2026. Newly discovered prior art appears to teach and/or suggest the pending claims and therefore, the claims have been rejected accordingly. Claims 1-12 and 22-35 are cancelled. Claims 13-21 are currently pending.
Claim Rejections - 35 USC § 103
4. 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.
4.1. Claims 13 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hygelund et al. (US 2019/0069760), in view of Makigaki (JP 2008092440; Translation).
CLAIM 13
Hygelund teaches an endoscope (Hygelund: abstract), comprising:
an image sensor designed to gather photons to produce video (Hygelund: abstract; ¶¶ [0001] “endoscopic devices with field stop encoding allowing automatic identification of an endoscope that is coupled to an endoscopic video camera”, [0011] “system may also have a camera head with an image sensor generating image data”, [0027] “the camera control unit 16 can save images and video”; Claim 24); and
a connector to connect the endoscope to a computer image processor (Hygelund: abstract; ¶¶ [0023] “endoscope 12 connectable to a camera head 14. The camera head 14 is connectable to a camera control unit 16 (“CCU”)”; [0025]-[0027] “the camera control unit 16 contains a microprocessor 26 for interfacing with user input devices 18, a signal processing circuit 28, a signal formatting circuit 30, digital to analog converters 34 and memory 36. The camera control unit 16 runs program applications providing for a variety of capabilities”; FIGS. 1-8).
Hygelund does not appear to explicitly teach the following:
the image sensor being of a type that has properties that vary from one sensor to another within manufacturing tolerances;
the image processor programmed to:
obtain data from a database designed to store properties of the image sensor and/or the image sensor's behavior, the database storing properties specific to specific sensors or a specific class of sensors; and
the obtained data to describe the image sensor's properties from the database, and compute normalized video based on the obtained properties and the video from the image sensor.
Makigaki, however, teaches the following:
the image sensor being of a type that has properties that vary from one sensor to another within manufacturing tolerances (Makigaki: abstract; ¶¶ [0015] “camera 100 including an image sensor 101”; Claims 1, 3; FIGS. 1);
the image processor programmed to (Makigaki: ¶¶ [0001] “image processing program”; FIGS. 1):
obtain data from a database designed to store properties of the image sensor and/or the image sensor's behavior, the database storing properties specific to specific sensors or a specific class of sensors (Makigaki: abstract; ¶¶ [0076] “a database stored in a predetermined area of the CPU-P401 based on the read lens type name information and teleconverter type name information. The database stores the model name of the interchangeable lens 200 and lens characteristic data, and the model name of the teleconverter 300 and teleconverter characteristic data in association with each other”; FIGS. 1); and
the obtained data to describe the image sensor's properties from the database, and compute normalized video based on the obtained properties and the video from the image sensor (Makigaki: abstract; ¶¶ [0004], [0079]-[0091] Data is obtained on the image sensor characteristics and imaging is corrected (i.e., normalized) accordingly.; FIGS. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
CLAIM 16
Hygelund does not appear to explicitly teach the endoscope of claim 13, the database designed to store data describing a color spectrum capability of the image sensor.
Makigaki, however, teaches the database designed to store data describing a color spectrum capability of the image sensor (Makigaki: abstract; ¶¶ [0033] The system performs image processing such as white balance correction, gamma correction processing, color interpolation processing, contour enhancement, vignette correction, etc. which requires image sensor data characteristics (e.g., image sensor capabilities involving color, resolution, calibration, etc.)., [0071]-[0091] The system uses data regarding an image sensor’s characteristics to correct imaging.; It is also noted the claim merely recites normalized video is computed based on data but does not provide details how the normalization structurally or algorithmically alters the data processing. As such, it is submitted that the type of data is merely non-functional descriptive language without any new and unobvious functional relationship and thus, the descriptive language is given no patentable weight.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
CLAIM 17
Hygelund does not appear to explicitly teach the endoscope of claim 13, the database designed to store data describing an image plane resolution of the image sensor.
Makigaki, however, teaches the database designed to store data describing an image plane resolution of the image sensor (Makigaki: abstract; ¶¶ [0033] The system performs image processing such as white balance correction, gamma correction processing, color interpolation processing, contour enhancement, vignette correction, etc. which requires image sensor data characteristics (e.g., image sensor capabilities involving color, resolution, calibration, etc.)., [0071]-[0091] The system uses data regarding an image sensor’s characteristics to correct imaging.; It is also noted the claim merely recites normalized video is computed based on data but does not provide details how the normalization structurally or algorithmically alters the data processing. As such, it is submitted that the type of data is merely non-functional descriptive language without any new and unobvious functional relationship and thus, the descriptive language is given no patentable weight.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
CLAIM 18
Hygelund does not appear to explicitly teach the endoscope of claim 13: obtain data from a database designed to store calibration properties of the endoscope's image sensor specific to the specific image sensor of the specific endoscope; the image processor being programmed to compute normalized video based on the obtained calibration properties and the video from the image sensor.
Makigaki, however, teaches obtain data from a database designed to store calibration properties of the endoscope's image sensor specific to the specific image sensor of the specific endoscope; the image processor being programmed to compute normalized video based on the obtained calibration properties and the video from the image sensor (Makigaki: abstract; ¶¶ [0033] The system performs image processing such as white balance correction, gamma correction processing, color interpolation processing, contour enhancement, vignette correction, etc. which requires image sensor data characteristics (e.g., image sensor capabilities involving color, resolution, calibration, etc.)., [0071]-[0091] The system uses data regarding an image sensor’s characteristics to correct imaging.; It is also noted the claim merely recites normalized video is computed based on data but does not provide details how the normalization structurally or algorithmically alters the data processing. As such, it is submitted that the type of data is merely non-functional descriptive language without any new and unobvious functional relationship and thus, the descriptive language is given no patentable weight.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
CLAIM 19
Hygelund does not appear to explicitly teach the endoscope of claim 18, wherein the calibration properties describe a white balance of the image sensor.
Makigaki, however, teaches wherein the calibration properties describe a white balance of the image sensor (Makigaki: abstract; ¶¶ [0033] The system performs image processing such as white balance correction, gamma correction processing, color interpolation processing, contour enhancement, vignette correction, etc. which requires image sensor data characteristics (e.g., image sensor capabilities involving color, resolution, calibration, etc.)., [0071]-[0091] The system uses data regarding an image sensor’s characteristics to correct imaging.; It is also noted the claim merely recites normalized video is computed based on data but does not provide details how the normalization structurally or algorithmically alters the data processing. As such, it is submitted that the type of data is merely non-functional descriptive language without any new and unobvious functional relationship and thus, the descriptive language is given no patentable weight.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
CLAIM 20
Hygelund does not appear to explicitly teach the endoscope of claim 18, wherein the calibration properties describe a color correction gamma curve of the image sensor.
Makigaki, however, teaches wherein the calibration properties describe a color correction gamma curve of the image sensor (Makigaki: abstract; ¶¶ [0033] The system performs image processing such as white balance correction, gamma correction processing, color interpolation processing, contour enhancement, vignette correction, etc. which requires image sensor data characteristics (e.g., image sensor capabilities involving color, resolution, calibration, etc.)., [0071]-[0091] The system uses data regarding an image sensor’s characteristics to correct imaging.; It is also noted the claim merely recites normalized video is computed based on data but does not provide details how the normalization structurally or algorithmically alters the data processing. As such, it is submitted that the type of data is merely non-functional descriptive language without any new and unobvious functional relationship and thus, the descriptive language is given no patentable weight.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
CLAIM 21
Hygelund does not appear to explicitly teach the endoscope of claim 18, wherein the calibration properties describe a distortion correction of the image sensor.
Makigaki, however, teaches wherein the calibration properties describe a distortion correction of the image sensor (Makigaki: abstract; ¶¶ [0033] The system performs image processing such as white balance correction, gamma correction processing, color interpolation processing, contour enhancement, vignette correction, etc. which requires image sensor data characteristics (e.g., image sensor capabilities involving color, resolution, calibration, etc.)., [0071]-[0091] The system uses data regarding an image sensor’s characteristics to correct imaging.; It is also noted the claim merely recites normalized video is computed based on data but does not provide details how the normalization structurally or algorithmically alters the data processing. As such, it is submitted that the type of data is merely non-functional descriptive language without any new and unobvious functional relationship and thus, the descriptive language is given no patentable weight.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of generating an optimal image (Makigaki: abstract; ¶¶ [0001]-[0004]).
4.2. Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hygelund et al. (US 2019/0069760), in view of Makigaki (JP 2008092440; Translation), and further in view of Oda (WO 2008136283; Translation), and further in view of Cho Dae Won (KR 10-2123112; Translation).
CLAIM 14
Hygelund teaches the endoscope of claim 13, further designed to connect to a computer processor programmed to: read a machine-readable serial number of a endoscope as the endoscope is put into use, and based on the reading of the serial number (Hygelund: abstract; ¶¶ [0041] “software barcode reader…The endoscope information is then decoded, box 222. The endoscope information may include, for example, a model number, a serial number, a field of view and an angle of view”, [0042] “Once endoscope information is obtained, the endoscope information can be used to reference image processing, light settings, or display settings in a memory in the camera control unit or in a memory accessible by the camera control unit. The image processing, light settings, or display settings may be automatically implemented by the camera control unit”; FIGS. 1-8).
Hygelund and Makigaki do not appear to explicitly teach record a reduction of an on-hand inventory level of a class of endoscopes of which the endoscope is a member; compute when the reduction of on-hand inventory of the class indicates a level that warrants reordering to replenish the on-hand inventory; and based on the computed warrant to reorder, to place an order with a supplier of endoscopes of the class to replenish on-hand inventory of endoscopes of the class.
Oda, however, teaches record a reduction of an on-hand inventory level of a class of endoscopes of which the endoscope is a member; compute when the reduction of on-hand inventory of the class indicates a level that warrants reordering to replenish the on-hand inventory; and based on the computed warrant to reorder (Oda: abstract; pg. 7 “Upon transferring the diagnostic report from the workstations 4A to 4N after completion of such inspection, the transfer processing unit 46a transmits the capsule ID information from the workstations 4A to 4N to the medical information management server 21 in a capsule Information relating to the number of uses of the type endoscope 2 is added and transferred. Based on the information of the transferred capsule ID, the information management unit 51 c specifies the capsule type, adds +1 to the number-of-use column of the corresponding capsule type in the capsule DB unit 52 a as shown in FIG. 4, and is preset Subtraction of the inventory number column in the facility which was in the past. In this way, by using the number of the capsule endoscope 2 effectively by utilizing all the work stations 4 A to 4 N in the facility to the medical information management server 21, it is possible to obtain a capsule endoscope 2 can be unified and it can be utilized for predicting the ordering time of the capsule endoscope 2 according to the stock quantity. Therefore, when the number of uses of the capsule endoscope 2 reaches the predetermined number, the medical information management server 21 can warn the user that the inventory quantity of the capsule endoscope 2 is small”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the medical management system including inventory tracking, as taught by Oda, with the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of facilitating inventory management of endoscopes (Oda: abstract; pg. 7).
Hygelund, Makigaki and Oda do not appear to explicitly teach to place an order with a supplier of endoscopes of the class to replenish on-hand inventory of endoscopes of the class.
Cho, however, teaches to place an order with a supplier of endoscopes of the class to replenish on-hand inventory of endoscopes of the class (Cho: abstract; ¶¶ [0011], [0035]-[0038] “endoscope tools”, [0054] “order quantity”, {0058] “current inventory, order quantity, order arrival date”, [0060] “generate a first order signal for products and devices of insufficient inventory”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the hospital asset management system including endoscope ordering, as taught by Cho, with the medical management system including inventory tracking, as taught by Oda, with the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of facilitating hospital asset management (Cho: abstract; ¶¶ [0006]-[0011]).
CLAIM 15
Hygelund, Makigaki and Oda do not appear to explicitly teach the endoscope of claim 13: the database being further designed to store information relating to specific individual medical devices, including physical location and/or ownership; by an optical reader, reading 2D identification codes on packaging of the medical devices; and updating the physical location and/or ownership database records to show current physical location and/or ownership based on the read 2D identification codes.
Cho, however, teaches (the database being further designed to store information relating to specific individual medical devices, including physical location and/or ownership; by an optical reader, reading 2D identification codes on packaging of the medical devices; and updating the physical location and/or ownership database records to show current physical location and/or ownership based on the read 2D identification codes (Cho: abstract; ¶¶ [0011] “location of the asset”, “QR code…scanning with an asset management terminal”, [0044] “storing information in a two-dimensional form”, [0052]-[0054], [0075] “database can be updated in real time”, [0102] “the data may store information as big data, and may be continuously updated”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the hospital asset management system including endoscope ordering, as taught by Cho, with the medical management system including inventory tracking, as taught by Oda, with the image processing program, as taught by Makigaki, with the endoscope, as taught by Hygelund, with the motivation of facilitating hospital asset management (Cho: abstract; ¶¶ [0006]-[0011]).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 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, Peter H Choi can be reached at (469) 295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
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