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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 11/05/2025 is acknowledged. Applicant asserts this election reads on claims 1-22.
Status of Claims
Claims 1-23 are pending, claim 23 is withdrawn, and claims 1-22 are currently under consideration for patentability under 37 CFR 1.104.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/05/2023 has been considered by the examiner.
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) 1-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 20210113057 to Oyama.
Regarding claim 1, Oyama discloses a processing device comprising: a processor (3, Fig. 1, [0027]) configured to acquire a distance from a reference position on 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]), and determine an insertion state of the endoscope into a subject based on a captured image captured by the endoscope and the distance ([0044] –[0046]).
Regarding claim 2, Oyama discloses the processing device according to claim 1, 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 discloses the processing device according to claim 2, 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 discloses the processing device according to claim 2, 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 discloses the processing device according to claim 3, 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 discloses the processing device according to claim 1, 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 discloses the processing device according to claim 6, 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 discloses the processing device according to claim 7, 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 discloses the processing device according to claim 8, 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 discloses the processing device according to claim 6, 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 discloses the processing device according to claim 10, wherein the specific state is a state in which the movement path cannot be imaged by the endoscope ([0072]).
Regarding claim 12, Oyama discloses the processing device according to claim 6, 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 discloses the processing device according to claim 1, wherein a magnetic pattern is formed along a longitudinal direction on an insertion part of the endoscope, andthe 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 discloses the processing device according to claim 13, wherein the reference position is a position of the magnetic detector([0033]-[0041])..
Regarding claim 15, Oyama discloses the processing device according to claim 1, 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 discloses an endoscope device comprising: the processing device according to claim 1; and the endoscope (4, Fig. 1, [0027]).
Regarding claim 17, Oyama discloses the processing device according to claim 16, 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 discloses the processing device according to claim 17, wherein the insertion part includes a soft portion of the endoscope (4b, Fig. 2, [0027]).
Regarding claim 19, Oyama discloses the processing device according to claim 18, 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 discloses the processing device according to claim 16, 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 discloses the processing device according to claim 19, 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 discloses the processing device according to claim 17, 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
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.
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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.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795