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 .
DETAILED ACTION
Claim 1-11 are pending in this application.
Drawings
The drawings received on 12/19/2023 are accepted for examination purposes.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/19/2023 and 10/7/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Note: Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-12 of copending Application No. 18/288,715 in view of Makino (US-2023/0142219).
This is a provisional nonstatutory double patenting rejection since the conflicting claims have not yet been patented. The subject matter claimed in the instant application is fully disclosed in the reference copending application in view of Makino and would be covered by any patent granted on that copending application since the reference copending application in view of Makino and the instant application are claiming common subject matter.
Instant Application 18/545,010
Application 18/288,175
1. An endoscopic examination support apparatus comprising: a memory configured to store instructions; and a processor configured to execute the instructions to:
detect a lesion candidate from an endoscopic image acquired by imaging an interior of a luminal organ;
set, as a flag according to a position in the interior of the luminal organ at which the endoscopic image including the lesion candidate is acquired,
a first flag and a second flag, the first flag being set in a period from a time when pull-out of the endoscope camera inserted into the interior of the luminal organ in order to acquire the endoscopic image is started to a time when the endoscope camera passes through a predetermined site in the luminal organ, the second flag being set in a period from a time when the endoscope camera passes through the predetermined site to a time when pull-out of the endoscope camera is completed;
determine a risk of the lesion candidate based on at least a size of the lesion candidate and the flag;
generate a display image including information relating to a position of the lesion candidate in the endoscopic image, information relating to a position in the interior of the luminal organ corresponding to the flag, information relating to the risk of the lesion candidate, and
a detection frame which surrounds the lesion candidate present in the endoscopic image and is displayed in different manners according to the flag and the risk of the lesion candidate; and
output the display image.
Method claim 10 and program claim 11.
1. An endoscopic examination support apparatus comprising: a memory configured to store instructions; and a processor configured to execute the instructions to:
detect a lesion candidate from an endoscopic image acquired by imaging an interior of a luminal organ;
set a flag according to a position in the interior of the luminal organ at which the endoscopic image including the lesion candidate is acquired;
wherein the processor sets a first flap in a period from a time when pull-out of the endoscope camera inserted into the interior of the luminal organ in order to acquire the endoscopic image is started to a time when the endoscope camera passes through a predetermined site in the luminal organ, and sets a second flag in a period from a time when the endoscope camera passes through the predetermined site to a time when pull-out of the endoscope camera is completed, and
determine a risk of the lesion candidate based on at least a size of the lesion candidate and the flag; and
generate a display image including information relating to a position of the lesion candidate in the endoscopic image, information relating to a position in the interior of the luminal organ corresponding to the flag, and information relating to the risk of the lesion candidate,
5. (Currently Amended) The endoscopic examination support apparatus according to claim 1, wherein the processor generates, as the display image, an image including a detection frame which surrounds the lesion candidate present in the endoscopic image and is displayed in different manners according to the flag and the risk of the lesion candidate.
Method claim 9 and program claim 10.
2. wherein the processor is further configured to execute the instructions to determine that the risk of a first lesion candidate is equal to or larger than the risk of a second lesion candidate when the size of the first lesion candidate included in the endoscopic image corresponding to the first flag and the size of the second lesion candidate included in the endoscopic image corresponding to the second flag are equal.
1. wherein the processor determines that the risk of a first lesion candidate is equal to or larger than the risk of a second lesion candidate when the size of the first lesion candidate included in the endoscopic image corresponding to the first flap and the size of the second lesion candidate included in the endoscopic image corresponding to the second flag are equal.
3. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to determine that the risk of the first lesion candidate is equal to or larger than the risk of the second lesion candidate when the size of the first lesion candidate and the size of the second lesion candidate are equal and the type of the first lesion candidate and the type of the second lesion candidate are same.
3. (Currently Amended) The endoscopic examination support apparatus according to claim 1, wherein the processor determines that the risk of the first lesion candidate is equal to or larger than the risk of the second lesion candidate when the size of the first lesion candidate and the size of the second lesion candidate are equal and the type of the first lesion candidate and the type of the second lesion candidate are same.
4. The endoscopic examination support device according to claim 1, wherein the processor is further configured to execute the instructions to, in a case where the luminal organ is colon, set the first flag in a period from a time when the endoscope camera reaches a cecum to a time when the endoscope camera passes a splenic curvature, and the second flag in a period from a time when the endoscope camera passes through the splenic curvature to a time when the endoscope camera passes through an anus.
4. (Currently Amended) The endoscopic examination support device according to claim 1, wherein, in a case where the luminal organ is colon, the processor sets the first flag in a period from a time when the endoscope camera reaches a cecum to a time when the endoscope camera passes a splenic curvature, and sets the second flag in a period from a time when the endoscope camera passes through the splenic curvature to a time when the endoscope camera passes through an anus.
5. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the detection frame, a frame having different line types according to the flag.
6. (Currently Amended) The endoscopic examination support apparatus according to claim 5, wherein the processor generates, as the detection frame, a frame having different line types according to the flag.
6. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the detection frame, a frame having different colors according to the risk of the lesion candidate.
7. (Currently Amended) The endoscopic examination support apparatus according to claim 5, wherein the processor generates, as the detection frame, a frame having different colors according to the risk of the lesion candidate.
7. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the display image, an image including a detection frame surrounding the lesion candidate present in the endoscopic image, and a tag added to the detection frame to display different information according to the flag and the risk of the lesion candidate.
8. (Currently Amended) The endoscopic examination support apparatus according to claim 1, wherein the processor generates, as the display image, an image including a detection frame surrounding the lesion candidate present in the endoscopic image, and a tag added to the detection frame to display different information according to the flag and the risk of the lesion candidate.
8. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to set the flag using a machine learning model trained to output data used to identify the position in the colon corresponding to the image including a subject in the colon in response to the input of the image.
11. (New) The endoscopic examination support apparatus according to claim 1, wherein the processor sets the flag using a machine learning model trained to output data used to identify the position in the colon corresponding to the image including a subject in the colon in response to the input of the image.
9. The endoscopic examination support apparatus according to claim 1, wherein the display image is displayed as a guide to the risk of the lesion candidate to support decision making of a doctor.
12. (New) The endoscopic examination support apparatus according to claim 1, wherein the display image is displayed as a guide to the risk of the lesion candidate to support decision making of a doctor.
It would have been obvious to one having ordinary skill in the art to combine copending application 18/288,715 with Makino who teaches displaying a captured image indicating a distal end portion of the electronic scope [Makino: par 0171], which corresponds to instant application’s outputting display image as recited in independent claims 1, 10 and 11.
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-11 of copending Application No. 18/545,102 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to presenting information to support endoscopic examination by displaying information related to lesion candidates at the time of the endoscopic examination.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application 18/545,010
Application 18/545,102
1. An endoscopic examination support apparatus comprising: a memory configured to store instructions; and a processor configured to execute the instructions to:
detect a lesion candidate from an endoscopic image acquired by imaging an interior of a luminal organ;
set, as a flag according to a position in the interior of the luminal organ at which the endoscopic image including the lesion candidate is acquired,
a first flag and a second flag, the first flag being set in a period from a time when pull-out of the endoscope camera inserted into the interior of the luminal organ in order to acquire the endoscopic image is started to a time when the endoscope camera passes through a predetermined site in the luminal organ, the second flag being set in a period from a time when the endoscope camera passes through the predetermined site to a time when pull-out of the endoscope camera is completed;
determine a risk of the lesion candidate based on at least a size of the lesion candidate and the flag;
generate a display image including information relating to a position of the lesion candidate in the endoscopic image, information relating to a position in the interior of the luminal organ corresponding to the flag, information relating to the risk of the lesion candidate, and
a detection frame which surrounds the lesion candidate present in the endoscopic image and is displayed in different manners according to the flag and the risk of the lesion candidate; and
output the display image.
Method claim 10 and program claim 11.
1. An endoscopic examination support apparatus comprising: a memory configured to store instructions; and a processor configured to execute the instructions to:
detect a lesion candidate from an endoscopic image acquired by imaging an interior of a luminal organ;
set, as a flag according to a position in the interior of the luminal organ at which the endoscopic image including the lesion candidate is acquired,
a first flag and a second flag, the first flag being set in a period from a time when pull-out of the endoscope camera inserted into the interior of the luminal organ in order to acquire the endoscopic image is started to a time when the endoscope camera passes through a predetermined site in the luminal organ, the second flag being set in a period from a time when the endoscope camera passes through the predetermined site to a time when pull-out of the endoscope camera is completed;
determine a risk of the lesion candidate based on at least a size of the lesion candidate and the flag;
generate a display image including information relating to a position of the lesion candidate in the endoscopic image, information relating to a position in the interior of the luminal organ corresponding to the flag, information relating to the risk of the lesion candidate,
a detection frame surrounding the lesion candidate present in the endoscopic image, and a tag added to the detection frame to display different information according to the flag and the risk of the lesion candidate; and
output the display image.
Method claim 10 and program claim 11.
2. wherein the processor is further configured to execute the instructions to determine that the risk of a first lesion candidate is equal to or larger than the risk of a second lesion candidate when the size of the first lesion candidate included in the endoscopic image corresponding to the first flag and the size of the second lesion candidate included in the endoscopic image corresponding to the second flag are equal.
2. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to determine that the risk of a first lesion candidate is equal to or larger than the risk of a second lesion candidate when the size of the first lesion candidate included in the endoscopic image corresponding to the first flag and the size of the second lesion candidate included in the endoscopic image corresponding to the second flag are equal.
3. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to determine that the risk of the first lesion candidate is equal to or larger than the risk of the second lesion candidate when the size of the first lesion candidate and the size of the second lesion candidate are equal and the type of the first lesion candidate and the type of the second lesion candidate are same.
3. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to determine that the risk of the first lesion candidate is equal to or larger than the risk of the second lesion candidate when the size of the first lesion candidate and the size of the second lesion candidate are equal and the type of the first lesion candidate and the type of the second lesion candidate are same.
4. The endoscopic examination support device according to claim 1, wherein the processor is further configured to execute the instructions to, in a case where the luminal organ is colon, set the first flag in a period from a time when the endoscope camera reaches a cecum to a time when the endoscope camera passes a splenic curvature, and the second flag in a period from a time when the endoscope camera passes through the splenic curvature to a time when the endoscope camera passes through an anus.
4. The endoscopic examination support device according to claim 1, wherein is further configured to execute the instructions to, in a case where the luminal organ is colon, set the first flag in a period from a time when the endoscope camera reaches a cecum to a time when the endoscope camera passes a splenic curvature, and the second flag in a period from a time when the endoscope camera passes through the splenic curvature to a time when the endoscope camera passes through an anus.
5. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the detection frame, a frame having different line types according to the flag.
6. The endoscopic examination support apparatus according to claim 5, wherein the processor is further configured to execute the instructions to generate as the detection frame, a frame having different line types according to the flag.
6. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the detection frame, a frame having different colors according to the risk of the lesion candidate.
7. The endoscopic examination support apparatus according to claim 5, wherein the processor is further configured to execute the instructions to generate, as the detection frame, a frame having different colors according to the risk of the lesion candidate.
7. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the display image, an image including a detection frame surrounding the lesion candidate present in the endoscopic image, and a tag added to the detection frame to display different information according to the flag and the risk of the lesion candidate.
5. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to generate, as the display image, an image including a detection frame which surrounds the lesion candidate present in the endoscopic image and is displayed in different manners according to the flag and the risk of the lesion candidate.
8. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to execute the instructions to set the flag using a machine learning model trained to output data used to identify the position in the colon corresponding to the image including a subject in the colon in response to the input of the image.
8. The endoscopic examination support apparatus according to claim 1, wherein the processor is further configured to set the flag using a machine learning model trained to output data used to identify the position in the colon corresponding to the image including a subject in the colon in response to the input of the image.
9. The endoscopic examination support apparatus according to claim 1, wherein the display image is displayed as a guide to the risk of the lesion candidate to support decision making of a doctor.
9. The endoscopic examination support apparatus according to claim 1, wherein the display image is displayed as a guide to the risk of the lesion candidate to support decision making of a doctor.
Allowable Subject Matter
As no prior art rejection has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: The following is a statement of reasons for the indication of allowable subject matter: The prior art searched and/or cited including Makino (US-2023/0142219): Abstract, par 0088-0089, 0152-0154, 0184-0199; Hori et al. (US-2024/0148235): par 0280-0292, 0433-0444, 0476-0486; Kubo et al. (US-2025/0086799): par 0092, 0160-0168, 0237-0240; Kubota et al. (US-2021/0274999): par 0049-0059, 0087; Medguro (US-2021/0192738): Fig 5, par 0127-0132; Endo (US-2021/0350534): Fig 5, par 0118-0123; and Yamada et al. (US-2022/0000351): Figs 9, 10, par 0150-0193, does not teach nor suggest the combination of limitations including “detect a lesion candidate from an endoscopic image acquired by imaging an interior of a luminal organ; set, as a flag according to a position in the interior of the luminal organ at which the endoscopic image including the lesion candidate is acquired, a first flag and a second flag, the first flag being set in a period from a time when pull-out of the endoscope camera inserted into the interior of the luminal organ in order to acquire the endoscopic image is started to a time when the endoscope camera passes through a predetermined site in the luminal organ, the second flag being set in a period from a time when the endoscope camera passes through the predetermined site to a time when pull-out of the endoscope camera is completed; determine a risk of the lesion candidate based on at least a size of the lesion candidate and the flag; generate a display image including information relating to a position of the lesion candidate in the endoscopic image, information relating to a position in the interior of the luminal organ corresponding to the flag, information relating to the risk of the lesion candidate, and a detection frame which surrounds the lesion candidate present in the endoscopic image and is displayed in different manners according to the flag and the risk of the lesion candidate; and output the display image” as recited in independent claims 1, 10 and 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. US Publication No. 2023/0142219
b. US Publication No. 2024/0148235
c. US Publication No. 2025/0086799
d. US Publication No. 2021/0274999
e. US Publication No. 2021/0192738
f. US Publication No. 2021/0350534
g. US Publication No. 2022/0000351
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIYA J CATO whose telephone number is (571)270-3954. The examiner can normally be reached M-F, 830-530.
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, Akwasi Sarpong can be reached at 571.270.3438. 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.
/MIYA J CATO/Primary Examiner, Art Unit 2681