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 Amendment
The amendments to claims 1 and 23 in the response filed on 05/13/2026 are acknowledged.
Claims 1-23 remain pending in the application
Claim 23 is withdrawn.
Claims 1-22 are examined
Response to Arguments
The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claim 1 to require “determine based on a captured image captured by the endoscope and the distance, whether an insertion state of the endoscope into a subject corresponds to at least one situation among a plurality of situations, the plurality of situations including at least one of:a situation in which an inner wall of an organ is stretched, a situation in which observation cannot be sufficiently performed, a situation in which movement of an insertion part of the endoscope along the movement path is difficult, or a situation in which insertion of the insertion part of the endoscope is made more than necessary”, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20210113057 to Oyama in view of U.S. Publication No. 2020/0229679 to Zhao et al. (hereinafter “Zhao”).
Regarding claim 1, Oyama discloses a processing device comprising: a processor (3, Fig. 1, [0027]) configured to acquire a distance from a reference position which is a starting point of a movement path of an endoscope to a distal end of the endoscope that is moved along the movement path (37, Fig. 1, [0027-[0043]).
Oyama fails to expressly teach determine based on a captured image captured by the endoscope and the distance, whether an insertion state of the endoscope into a subject corresponds to at least one situation among a plurality of situations, the plurality of situations including at least one of:a situation in which an inner wall of an organ is stretched, a situation in which observation cannot be sufficiently performed, a situation in which movement of an insertion part of the endoscope along the movement path is difficult, or a situation in which insertion of the insertion part of the endoscope is made more than necessary.
However, Zhao teaches of a processing device (Zhao: 112, Fig. 1, [0038]) that determine based on a captured image captured by the endoscope and the distance, whether an insertion state of the endoscope into a subject corresponds to at least one situation among a plurality of situations, the plurality of situations including at least one of:a situation in which an inner wall of an organ is stretched, a situation in which observation cannot be sufficiently performed, a situation in which movement of an insertion part of the endoscope along the movement path is difficult, or a situation in which insertion of the insertion part of the endoscope is made more than necessary (Zhao: abstract, claim 1- In some embodiments, an insertion depth of the elongate device is monitored. In some embodiments, the data collection event is detected when the insertion depth is beyond a threshold insertion depth, no change of the insertion depth is detected for longer than a threshold period of time, or the insertion depth is beyond a threshold retraction distance).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Oyama to determine a situation in which insertion of the insertion part of the endoscope is made more than necessary, as taught by Zhao. It would have been advantageous to make the combination for the purpose of determining when the insertion depth is beyond a threshold insertion depth (abstract of Zhao).
Regarding claim 2, Oyama, in view of Zhao, teaches the processing device according to claim 1, and Oyama further discloses wherein the processor is configured to perform reached site recognition processing of recognizing a site in the subject that the distal end of the endoscope has reached, based on the captured image, and determine the insertion state based on a result of the reached site recognition processing and the distance ([0059]-[0064]).
Regarding claim 3, Oyama, in view of Zhao, teaches the processing device according to claim 2, and Oyama further discloses wherein the processor is configured to acquire, from a memory (16, Fig. 1, [0048]), distance information on the movement path from the reference position, corresponding to a site recognized by the reached site recognition processing, and compare the distance information with the acquired distance to determine the insertion state ([0044]-[0064]).
Regarding claim 4, Oyama, in view of Zhao, teaches the processing device according to claim 2, and Oyama further discloses wherein the processor is configured to acquire, from a memory, information on a site in the subject corresponding to the distance acquired at first timing ([0044]-[0064]), and determine the insertion state based on the site recognized by the reached site recognition processing performed before the first timing and the information on the site acquired from the memory ([0044]-[0064])..
Regarding claim 5, Oyama, in view of Zhao, teaches the processing device according to claim 3, and Oyama further discloses the processing device according to wherein the processor is configured to perform control to, based on a set of the distance acquired in a state where a site is recognized by the reached site recognition processing, and the site memory ([0044]-[0064]), the set being collected over a plurality of times of endoscopy, generate data indicating a correspondence relationship between the site in the subject and the distance information on the movement path from the reference position ([0044]-[0064]), and store the data in the memory ([0044]-[0064]).
Regarding claim 6, Oyama, in view of Zhao, teaches the processing device according to claim 1, and Oyama further discloses wherein the processor is configured to determine a state of the distal end of the endoscope based on the captured image, and determine the insertion state based on a determination result of the state of the distal end of the endoscope and a change amount of the distance (37, Fig. 1, [0056]).
Regarding claim 7, Oyama, in view of Zhao, teaches the processing device according to claim 6, and Oyama further discloses wherein the processor is configured to, in a case where a determination result that the state of the distal end of the endoscope is a specific state is continuously obtained and the change amount of the distance in a period in which the determination result is obtained is equal to or greater than a first threshold value, determine that the insertion state is a first state, and output operation support information based on the first state (37, Fig. 1, [0044]-[0056]).
Regarding claim 8, Oyama, in view of Zhao, teaches the processing device according to claim 7, and Oyama further discloses wherein the specific state is a state in which an attachment is present on the distal end of the endoscope, or is a state in which the distal end of the endoscope is near an interior wall of an organ ([0072]-[0076]).
Regarding claim 9, Oyama, in view of Zhao, teaches the processing device according to claim 8, and Oyama further discloses wherein the specific state is a state in which the attachment is present on the distal end of the endoscope ([0072]-[0076]), and the processor is configured to change the first threshold value between a period in which the endoscope is moved from one end to other end of the movement path, and a period in which the endoscope is moved from the other end to the one end of the movement path ([0072]-[0076]).
Regarding claim 10, Oyama, in view of Zhao, teaches the processing device according to claim 6, and Oyama further discloses wherein the processor is configured to, in a case where a determination result that the state of the distal end of the endoscope is a specific state is continuously obtained and the change amount of the distance in a period in which the determination result is obtained is equal to or less than a second threshold value, determine that the insertion state is a second state, and output operation support information based on the second state ([0056]-[0076]).
Regarding claim 11, Oyama, in view of Zhao, teaches the processing device according to claim 10, and Oyama further discloses wherein the specific state is a state in which the movement path cannot be imaged by the endoscope ([0072]).
Regarding claim 12, Oyama, in view of Zhao, teaches the processing device according to claim 6, and Oyama further discloses wherein the processor is configured to determine the insertion state based on the determination result, the change amount of the distance, and a size of the distance (3, Fig. 1, [0027])
Regarding claim 13, Oyama, in view of Zhao, teaches the processing device according to claim 1, and Oyama further discloses wherein a magnetic pattern is formed along a longitudinal direction on an insertion part of the endoscope, and the processor is configured to acquire the distance based on a magnetic field from the magnetic pattern, which is detected by a magnetic detector provided outside the subject to which the endoscope is inserted ([0033]-[0041]).
Regarding claim 14, Oyama, in view of Zhao, teaches the processing device according to claim 13, and Oyama further discloses wherein the reference position is a position of the magnetic detector ([0033]-[0041]).
Regarding claim 15, Oyama, in view of Zhao, teaches the processing device according to claim 1, and Oyama further discloses wherein the processor is configured to store a determination result of the insertion state, an elapsed time from a start of an examination using the endoscope, and the distance in association with each other ([0034]-[0064]).
Regarding claim 16, Oyama, in view of Zhao, teaches an endoscope device and Oyama further discloses comprising: the processing device according to claim 1; and the endoscope (4, Fig. 1, [0027]).
Regarding claim 17, Oyama, in view of Zhao, teaches the processing device according to claim 16, and Oyama further discloses further comprising: a magnetic detector arranged on the movement path, wherein an insertion part of the endoscope has a member containing metal, which extends in a longitudinal direction of the endoscope and has a magnetic pattern integrally formed along the longitudinal direction, the magnetic detector detects a magnetic field from the member, and the processor is configured to derive the distance based on the magnetic field detected by the magnetic detector ([0033]-[0041]).
Regarding claim 18, Oyama, in view of Zhao, teaches the processing device according to claim 17, and Oyama further discloses wherein the insertion part includes a soft portion of the endoscope (4b, Fig. 2, [0027]).
Regarding claim 19, Oyama, in view of Zhao, teaches processing device according to claim 18, and Oyama further discloses wherein the soft portion has a cylindrical member having an insulating property,a cylindrical first member that contains metal and that is inserted into the cylindrical member, anda cylindrical second member that contains metal and that is inserted into the first member, andthe member containing metal includes at least one of the first member or the second member (4b, Fig. 2, [0027]).
Regarding claim 20, Oyama, in view of Zhao, teaches processing device according to claim 16, and Oyama further discloses further comprising: a magnetic detector arranged on the movement path,wherein an insertion part of the endoscope has a member containing metal, which extends in a longitudinal direction of the endoscope and has a magnetic pattern formed along the longitudinal direction,the magnetic detector detects a magnetic field from the member,the processor is configured to derive the distance based on the magnetic field detected by the magnetic detector,the insertion part hasa cylindrical member having an insulating property, a cylindrical first member that contains metal and that is inserted into the cylindrical member, and a cylindrical second member that contains metal and that is inserted into the first member, the member containing metal includes at least one of the first member or the second member, the first member is a spiral tube, and the second member is a net body (4b, Fig. 2, [0027], ([0033]-[0041]).
Regarding claim 21, Oyama, in view of Zhao, teaches the processing device according to claim 19, and Oyama further discloses wherein at least one of the first member or the second member is made from magnetizable austenitic stainless steel (4b, Fig. 2, [0027], ([0033]-[0041]).
Regarding claim 22, Oyama, in view of Zhao, teaches the processing device according to claim 17, and Oyama further discloses wherein the magnetic detector detects a first magnetic flux density in a first direction and a second magnetic flux density in a second direction intersecting the first direction, at a plurality of positions along the longitudinal direction of the member containing metal steel (4b, Fig. 2, [0027], ([0033]-[0041]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTEN A. SHARPLESS whose telephone number is (571)272-2387. The examiner can normally be reached Monday-Tuesday 6:00 AM - 2:00 PM, and Friday 6:00 AM - 10:00 AM.
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, Mike Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights