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 § 102
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) 1-8, 11-13, 18, 20, 21, and 23 are rejected under 35 U.S.C. 102a(1) as being anticipated by Zhao (Pub 20100245541).
Regarding claim 1, Zhao discloses a white balance adjustment jig (calibration
fixture fig 3A-7B and Para. [0049]) for an endoscope, comprising:
an insertion portion that includes at least one insertion hole into which a distal
end part of an endoscope is inserted, (see calibrating fixture comprising receptacle 74 for accommodating an endoscope fig 3B. also note calibration fixture may also include a second receptacle 114 fig 4B);
a lid portion that is disposed to face the insertion portion in an insertion direction
of the distal end part, (target surface 76 fig 3A/3B construed as a lid);
and an outer peripheral portion that is in contact with the insertion portion and the lid portion to form an internal space with the insertion portion and the lid portion, (see lower part 118 and upper interface part 116 fig 4B),
wherein the lid portion includes a chart having a plurality of marks on an inner surface facing the internal space, and the chart is inclined with respect to a perpendicular plane perpendicular to the insertion direction, (note target surface 76 fig 3A/3B, construed as a lid, comprises target features or mountable target features Para. [0055]. Also note target surface 76 fig 3A/B is inclined with respect to receptacles 88 and 72 fig 3A/B).
Regarding claim 2, Zhao discloses wherein the chart is inclined at an angle within
a range of 5 degrees or more and 40 degrees or less with respect to the perpendicular plane, (see Para. [0062] and fig 6A-6C which disclose varying a target angle to different desired angles).
Regarding claim 3, Zhao discloses wherein the chart is inclined at an angle within a range of 15 degrees or more and 30 degrees or less with respect to the perpendicular plane, (see Para. [0062] and fig 6A-6C which disclose varying a target angle to different desired angles).
Regarding claim 4, Zhao discloses wherein the chart is inclined toward an insertion portion side, (see target surface 76 fig 3A/B. See Para. [0062] and fig 6A-6C which disclose varying a target angle to different desired angles).
Regarding claim 5, Zhao discloses wherein the angle is an angle in a case where an inclination toward an insertion portion side is defined as positive with a lower part of the chart in use as an axis, (see either target 174 fig 6A or 6C may be construed as positive).
Regarding claim 6, Zhao discloses wherein the chart is inclined at an angle within a range of 5 degrees or more and 40 degrees or less with respect to a perpendicular plane perpendicular to an optical axis of the endoscope in a case where an inclination toward an insertion portion side is defined as positive with a lower part of the chart in use as an axis, (see Para. [0062] and fig 6A-6C which disclose varying a target angle to different desired angles. See either target 174 fig 6A or 6C may be construed to be positive).
Regarding claim 7, Zhao discloses wherein the chart is inclined at an angle within a range of 15 degrees or more and 30 degrees or less with respect to the perpendicular plane in a case where an inclination toward an insertion portion side is defined as positive with a lower part of the chart in use as an axis, (see Para. [0062] and fig 6A-6C which disclose varying a target angle to different desired angles. See either target 174 fig 6A or 6C may be construed as positive inclination).
Regarding claim 8, Zhao discloses wherein the plurality of marks are disposed in the chart along the insertion direction, (see target surface 76 and insertion receptacle 88/72 fig 3A/B and different marks in Para. [0055]).
Regarding claim 11, Zhao discloses wherein the insertion portion includes a plurality of the insertion holes, and the internal space is partitioned according to each of the insertion holes, (note calibration fixture may have more than one receptacle such as 112/114 fig 4B. also note the calibration fixture may be integrally formed or comprise different subassemblies, Para. [0059]).
Regarding claim 12, Zhao discloses wherein the lid portion and the outer peripheral portion are separably connected to each other, (note calibration fixture may be integrally formed or comprise subassemblies, (Para. [0059]).
Regarding claim 13, Zhao discloses wherein the endoscope is a direct-viewing endoscope or an oblique-viewing endoscope, (see Para. [0059] disclosing zero-degree and thirty-degree endoscopes respectively).
Regarding claim 18, Zhao discloses wherein the endoscope is a direct-viewing endoscope or an oblique-viewing endoscope, (see Para. [0059] disclosing zero-degree and thirty-degree endoscopes respectively).
Regarding claim 20, Zhao discloses a white balance adjustment method for an endoscope using a white balance adjustment jig for an endoscope, (calibration fixture fig 3A-7B and Para. [0049]), the white balance adjustment jig including:
an insertion portion that includes at least one insertion hole into which a distal end part of an endoscope is inserted, (see receptacle 74 for receiving an endoscope and Para. [0056]);
a lid portion that is disposed to face the insertion portion in an insertion direction of the distal end part, (target surface 76 fig 3A/3B construed as a lid);
and an outer peripheral portion that is in contact with the insertion portion and the lid portion to form an internal space with the insertion portion and the lid portion, (see lower part 118 and upper interface part 116 fig 4B) the lid portion including a chart having a plurality of marks on an inner surface facing the internal space, and the chart being inclined with respect to a perpendicular plane perpendicular to the insertion direction, (note target surface 76 fig 3A/3B, construed as a lid, comprises target features or mountable target features Para. [0055]. Also note target surface 76 fig 3A/B is inclined with respect to receptacles 88 and 72 fig 3A/B)
the white balance adjustment method comprising: inserting the distal end part of the endoscope including an imaging unit that images a subject into the insertion hole, (see receptacle for receiving endoscope imaging device Para. [0055-0056]) ;
imaging the mark using the imaging unit, (see imaging system 58 fig 2 for capturing marks presented on target 62 fig 2 and Para. [0144] [0052];
and adjusting white balance of the endoscope using an image showing the mark, which is obtained through imaging, (Para. [0049][0077]).
Regarding claim 21, Zhao discloses wherein the endoscope is a direct-viewing endoscope or an oblique-viewing endoscope, (see Para. [0059] disclosing zero-degree and thirty degree endoscopes respectively).
Regarding claim 23, Zhao discloses wherein the mark is imaged after adjusting a position and a shape of the mark shown in the image, (note marks may change shape based on selected angle such as anyone of Fig 6A-6C and Par. [0062] and the position may also be changed based on field of view alignment such as along reference direction 102 fig 4A and Para. [0058]).
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) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Otani (Pub 20040066454).
Regarding claim 9, Zhao discloses a white balance adjustment jig for an endoscope according to claim 1, wherein the insertion portion includes a plurality of the insertion holes, and one of the plurality of marks is disposed at a position where the chart and an optical axis direction of the endoscope to be inserted into the insertion hole intersect with each other, (note calibration fixture comprising receptacles for accommodating an endoscope such as fig 4A. Also note interface 94 fig 4A which is used to align fields of view 98 & 100 along reference direction 102).
However, one of the plurality of marks is disposed at a position where the chart and an optical axis direction of the endoscope to be inserted into the insertion hole intersects with each other is not disclosed.
However, Otani discloses one of the plurality of marks is disposed at a position where the chart and an optical axis direction of the endoscope to be inserted into the insertion hole intersects with each other, (Para.[0067]). One of ordinary skill in the art would align the field of view so that an optical axis of the endoscope intersects with a mark so that at least one mark is captured for calibration. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to make such modification in order to ensure proper calibration thereby improving the outcome of the calibration.
Claim(s) 10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Morrissette (Pub 20130085329).
Regarding claim 10, Zhao discloses claim 1 including insertion holes. However,
insertion holes having inner diameters different from each other is not explicitly disclosed.
In a similar field of endeavor, Morrissette discloses wherein the insertion portion
includes a plurality of the insertion holes, and the plurality of insertion holes have inner diameters different from each other, (note insertion holes 93a and 93b Fig 6A/B where different scope diameters may be fitted, Para. [0064]). It would have been obvious to incorporate different insertion hole sizes so that different types of endoscopes may be calibrated. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by incorporating Morrissette for the benefit of calibrating different endoscope types.
Regarding claim 22, Zhao discloses claim 20. However, selecting an insertion hole according to an outer diameter of a distal part is not disclosed.
In a similar field of endeavor, Morrissette discloses wherein the white balance adjustment jig for an endoscope includes a plurality of the insertion holes, and the distal end part is inserted into the insertion hole selected from the plurality of insertion holes according to an outer diameter of the distal end part, (note insertion holes 93a and 93b Fig 6A/B where different scope diameters may be fitted, Para. [0064]). It would have been obvious to incorporate different insertion hole sizes so that different types of endoscopes may be calibrated. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by incorporating Morrissette for the benefit of calibrating different endoscope types.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Nig (Pub 20140002676).
Regarding claim 13, Zhao discloses claim 1. However, a lid portion and an outer
peripheral portion connected by magnetic force and/or fitting is not disclosed.
In a similar field of endeavor, Nig discloses wherein the lid portion and the outer
peripheral portion are separably connected to each other by magnetic force and/or fitting, (See lens body 503 and lens holder 509 fig 5 magnetically held in position, (Para. [0057]). It would have been obvious to include magnetic positioning between two parts so that at least one of the parts is interchangeable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by incorporating Ning for the purpose of allowing parts to be interchanged thereby improving device flexibility.
Claim(s) 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Ozawa (U.S. 8624966).
Regarding claim 14, Zhao discloses claim 1 including a chart and a lid. However,
a shielding member is not disclosed.
In a similar field of endeavor, Ozawa discloses wherein the lid portion includes
the chart and a light shielding member, and in a case where the lid portion is disposed to face the insertion portion, the chart and the light shielding member are provided in this order from an insertion portion side, (see cylindrical body 83 construed as lid in fig 11A/B. Light shielding material is provided by cover 103 then a chart 85 is provided below it from an insertion perspective). It would have been obvious to include a light shielding member in combination with a lid portion including a chart so that influence of external light is avoided. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by including the combination of a lid comprising a chart and a light shielding member so that calibration data is accurately generated thereby improving the outcome of calibration.
Regarding claim 15, Zhao discloses claim 1 including a chart and a lid. However,
a chart separable from a light shielding member is not disclosed.
In a similar field of endeavor, Ozawa discloses wherein the lid portion is
configured such that the chart and the light shielding member are separable from each other, (note light shielding material provided on cover 103 of lid 83 and chart 85 is separated and disposed on surface 83a fig 11A/B). It would have been obvious to include a light shielding member that is separable from the chart. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by including a space between the chart and the light shielding member so that an endoscope can be fitted for calibration thereby improving the outcome of the calibration.
Regarding claim 16, Zhao discloses claim 1 including a chart and a lid. However,
lid portion base and the light shielding member is the lid portion base is not disclosed.
In a similar field of endeavor, Ozawa discloses wherein the lid portion includes a
lid portion base and the chart, and the light shielding member is the lid portion base, (note cover 103 is construed as a base of cylindrical body 83, the chart 85 is provided on surface 83a). It would have been obvious to include a light shielding member as a lid portion base as a design choice. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by including the light shielding member so that calibration data is accurately generated thereby improving the outcome of calibration.
Claim(s) 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Wang (Pub 20190374155).
Regarding claim 17, Zhao discloses and endoscope. However, a rigid endoscope
is not disclosed.
In a similar field of endeavor, Wang discloses wherein the endoscope is a rigid
endoscope, (Para. [0003]). One of ordinary skill in the art would include rigid endoscopes to be calibrated. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Zhao by including rigid endoscopes as a design choice alternative so that different types of scopes may be calibrated.
Regarding claim 19, Zhao discloses claim 1 including a mark. However, a mark
having a reference color is not disclosed.
In a similar field of endeavor, Wang discloses wherein the mark has a reference
color, ((Para. [0074]). One of ordinary skill in the art to include a mark having a reference color so that accurate calibration data is generated. It would have been obvious to one of ordinary skill in the art to include colored marks so that desired calibration data is generated thereby improving the accuracy of calibration.
Conclusion
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HUMAM M. SATTI
Examiner
Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422