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 Amendment filed February 12th, 2026 has been entered. Claims 1, 5, 8-10 have been amended. Claims 1,5-6 and 8-14 are now pending in the application, with claim 14 withdrawn. The previous 35 U.S.C. 112(a) rejection of claim 3, as well as, the previous 35 U.S.C. 112(b) rejections of claims 1, 2-3 and 10 are withdrawn in light of Applicant's amendment and Applicant cancelling claims 2-3.
Response to Arguments
Applicant's arguments filed 02/12/2026 have been fully considered but they are not persuasive.
In response to arguments that Horiuchi et al. (US 20240078694 A1) does not disclose the three-dimensional structure model of the subject that is constructed from… captured images that are acquired while a relative positional relationship between the subject and the image sensor is changed, examiner respectfully disagrees. As detailed below, a 3D reconstruction portion, i.e. 3D model, reads out an image set data captured by imaging portion and generates relative dimension information [0052]. The image set is a plurality of time-series images acquired by endoscope which are near-point images and far-point images, i.e. acquired at different positions, therefore the examiner is interpreting this as the images are acquired at different positions so the positional relationship between the subject and image sensor must be changing [0011, 0092]. Moreover, the 3D information M is constructed from the image set and the relative distance data ds(i), i.e. pseudodistance data, is calculated from the 3D information M [0079-0082]. The applicant makes the argument that the claim language is intended to define a specific 3D technology known as Structure-from-Motion (SfM), whereas, the prior art defines a different type of technology, however, the invention as claimed does not define these parameters, therefore, the examiner is interpreting the claim language with the broadest reasonable interpretation. The examiner maintains the rejection under 35 U.S.C. 102(a)(2) with Horiuchi et al. (US 20240078694 A1), however, the examiner has updated the rejection below to provide more clarification.
Applicant’s arguments, see Remarks, filed 02/12/2026, with respect to Oka et al. (US 20110074950 A1, hereinafter Oka) have been fully considered and are persuasive. The 35 U.S.C. 102(a)(1) rejection of Claims 1-2, 4-6 has been withdrawn.
Applicant’s arguments, see Remarks, filed 02/12/2026, with respect to Oka et al. (US 20110074950 A1, hereinafter Oka) in view of Yoshioka et al. (WO 2021131238 A1, hereinafter Yoshioka, using US 20220330850 A1 as an English Equivalent) have been fully considered and are persuasive. The 35 U.S.C. 103 rejection of Claim 3 has been withdrawn.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,5-6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Horiuchi et al. (US 20240078694 A1, hereinafter Horiuchi).
Regarding Claim 1, Horiuchi discloses
A medical endoscope system (endoscope system 100; FIG. 1) comprising:
an endoscope (endoscope 2) including an image sensor (imaging portion 6) that acquires a captured image by imaging an inside of a body cavity as a subject (par. 8 discloses in the case of an endoscope with which the interior of a living body is observed); and
one or more processors (endoscope processor 3) configured to:
generate pseudodistance data (relative distance ds(i)) by estimating a distance to the subject for a plurality of locations (plurality of corresponding regions Q (i)) within an imaging range (par. 34 discloses plurality of image plane phases, i.e. image range) of the image sensor using the captured image (par. 66 discloses a corresponding region is a region in an image, relative distance is a distance from a camera position, which is the point of view, to a corresponding region in the direction along the optical axis in the coordinate system of the relative 3D information, i.e. distance information estimated from a 3D model),
wherein the pseudodistance data is generated using a three-dimensional structure model of the subject that is constructed from a plurality of frames of the captured images that are acquired while a relative positional relationship between the subject and the image sensor is changed (par. 52 discloses a 3D reconstruction portion, i.e. 3D model, reads out image set data captured by imaging portion and generates relative dimension information, FIG. 4A, par. 11 discloses reconstructing is done by employing a plurality of time-series images acquired by endoscope, par. 92 discloses image set consists of plurality of near-point images and far-point images, i.e. images acquired from different positions of the image sensor relative to the subject, par. 79 discloses 3D information M is constructed from the image set, par. 82 discloses relative distances ds(i) calculated from 3D information M);
acquire actual measurement distance data (imaging-subject distance dt(i)) by measuring the distance to the subject for at least one location within the imaging range (par. 58 discloses imaging-subject distance is the actual distance from the objective lens to the imaging subject in the direction along the optical axis, imaging-subject-distance calculating portion calculates the imaging-subject distance of each of the measurement regions),
wherein the actual measurement distance data is measured using the captured image obtained by irradiating the subject with auxiliary measurement light of which an optical axis is inclined with respect to an imaging optical axis of the image sensor (par. 6 discloses it is necessary to provide the endoscope with a laser module that radiates the laser light for taking measurements, and it is not possible to measure the dimensions of an imaging subject otherwise, in the context of this invention);
calculate a scale factor (scale information/ coefficient α) by dividing the actual measurement distance data by the pseudodistance data of the same location (par. 67 discloses equation (1) which calculates scale information coefficient by performing mathematical operation, i.e. division, of the absolute distance and relative distance, par. 104 discloses design alterations or the like within a range that does not depart from the scope of the present invention are also encompassed); and
correct the pseudodistance data of a different location by multiplying the pseudodistance data of the different location by the calculated scale factor (par. 69 discloses equation (2) shows how the scale converting portion of the processor calculates the absolute dimensions of the other regions by multiplying the relative dimensions ds of the other regions by the coefficient).
Regarding Claim 5, Horiuchi discloses
The medical endoscope system according to claim 1, wherein the auxiliary measurement light is laser light (par. 6 discloses laser light component).
Regarding Claim 6, Horiuchi discloses
The medical endoscope system according to claim 5, wherein the subject is a gastrointestinal tract (par. 8 discloses an endoscope that is used to image the interior of a living body; therefore, it would be capable of imaging a gastrointestinal tract).
Regarding Claim 8, Horiuchi discloses
The medical endoscope system according to claim 1, wherein the one or more processors are configured to correct the pseudodistance data of all locations by multiplying each piece of the pseudodistance data by the calculated scale factor (par. 69 discloses multiplying the relative dimensions of the regions by the scale coefficient calculates the absolute 3D dimensions, i.e. corrected pseudodistance).
Regarding Claim 9, Horiuchi discloses
The medical endoscope system according to claim 1, wherein the one or more processors are configured to:
divide the subject into a plurality of regions (plurality of measurement regions P (i)); and
correct the pseudodistance data of a region including the same location by multiplying the pseudodistance data within the region including the same location by the scale factor (par. 69 discloses multiplying the relative dimensions of the regions by the scale coefficient calculates the absolute 3D dimensions, i.e. corrected pseudodistance; par. 68 discloses specification of region is arbitrary).
Regarding Claim 10, Horiuchi discloses
The medical endoscope system according to claim 9, wherein the one or more processors are configured to determine a scale factor for correcting a region lacking the actual measurement distance data based on a scale factor associated with a region having the actual measurement distance data (par. 69 discloses calculating the absolute 3D dimensions, i.e. corrected pseudodistance, of other regions by multiplying the relative dimensions by the scale coefficient).
Regarding Claim 11, Horiuchi discloses
The medical endoscope system according to claim 10, wherein the one or more processors are configured to correct the region lacking the actual measurement distance data using an average value of the scale factors used for correcting the regions with the actual measurement distance data, as the scale factor (par. 69 discloses calculating the absolute 3D dimensions, i.e. corrected pseudodistance, of other regions by multiplying the relative dimensions by the scale coefficient, par. 68 discloses specification of region is arbitrary for calculation of coefficient and absolute 3D information, par. 101 discloses scale information is obtained for each imaging-subject distance and can be used to calculate information for regions other than the relevant measurement regions, par. 104 discloses design alterations or the like within a range that does not depart from the scope of the present invention are also encompassed).
Regarding Claim 12, Horiuchi discloses
The medical endoscope system according to claim 9, wherein the one or more processors are configured to determine a scale factor to be used for correcting a region with a plurality of pieces of the actual measurement distance data using scale factors for each of these locations with the actual measurement distance data (par. 69 discloses calculating the absolute 3D dimensions, i.e. corrected pseudodistance, of other regions by multiplying the relative dimensions by the scale coefficient, par. 68 discloses specification of region and distance information is arbitrary for calculation of coefficient and absolute 3D information, par. 100 discloses multiple coefficients can be used with scale converting portion, par. 101 discloses scale information is obtained for each imaging-subject distance and can be used to calculate information for regions other than the relevant measurement regions, par. 104 discloses design alterations or the like within a range that does not depart from the scope of the present invention are also encompassed).
Regarding Claim 13, Horiuchi discloses
The medical endoscope system according to claim 12, wherein the one or more processors are configured to correct the region with the plurality of pieces of actual measurement distance data using an average value of the scale factors for each of these locations with the actual measurement distance data, as the scale factor (par. 69 discloses calculating the absolute 3D dimensions, i.e. corrected pseudodistance, of other regions by multiplying the relative dimensions by the scale coefficient, par. 68 discloses specification of region and distance information is arbitrary for calculation of coefficient and absolute 3D information, par. 101 discloses scale information is obtained for each imaging-subject distance and can be used to calculate information for regions other than the relevant measurement regions, par. 100 discloses multiple coefficients can be used with scale converting portion).
Conclusion
THIS ACTION IS MADE FINAL. 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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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