Prosecution Insights
Last updated: May 29, 2026
Application No. 18/596,689

CONTROL DEVICE, OBSERVATION SYSTEM, AND CONTROL METHOD

Final Rejection §103§112
Filed
Mar 06, 2024
Priority
Mar 27, 2023 — JP 2023-050295
Examiner
MESSMORE, JONATHAN R
Art Unit
2482
Tech Center
2400 — Computer Networks
Assignee
Sony Olympus Medical Solutions Inc.
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
383 granted / 499 resolved
+18.8% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
17 currently pending
Career history
534
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
80.9%
+40.9% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 499 resolved cases

Office Action

§103 §112
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 Arguments Applicant’s arguments, see Response to Office Action mailed 28 November 2025, filed 27 February 2026, with respect to the rejection(s) of claim(s) 1-24 under 35 USC §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ruth et al. (US 2018/0206957 A1). Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 17-19 recites the limitation "the light source device" in the last line of each claim. There is insufficient antecedent basis for this limitation in the claim. Examiner suggest removing “device”. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 requires “a notification of a use preparation state of the light source” and claim 3, which depends from claim 1, requires “the notification includes a notification regarding a use preparation state of the light source”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-6, 13, and 15-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruth et al. (US 2018/0206957 A1) in view of Ito et al. (US 2019/0282135 A1). Regarding claims 1, 3, 22, and 24, Ruth discloses a system performing a method via a control device comprising: circuitry configured to acquire light source temperature information regarding a temperature of a light source configured to emit light [Ruth: ¶ [0149]: This “Readiness' or “suitability' detection system verifies directly or indirectly: temperature of the LEDs] with which [objects] are to be irradiated [Ruth: Claim 19: at least one light source… the at least one light source is directly coupled with the light conductor such that the light conductor emits light throughout the dental tray thereby curing the photocurable dental material]; and output a notification of a user preparation state of the light source based on the light source temperature information to a user [Ruth: Claim 19: wherein the integrated circuit of the light engine is capable of detecting at least one parameter of temperature, suitability of mechanical connection, type of tray or charging station suitability of optical connection, battery level, degradation of the light source, or combinations thereof, and wherein if at least one parameter does not meet predetermined requirement then the light engine is capable of notifying a user that such predetermined requirement was not met]. Ruth may not explicitly disclose biological tissues are to be irradiated. However, Ito discloses a system performing a method via a control device comprising: circuitry configured to acquire light source temperature information regarding a temperature of a light source configured to emit light [Ito: ¶ [0078]: the temperature of the semiconductor laser element is measured by a temperature sensor, and the amount of current to be supplied to the semiconductor laser element is adjusted based on the measured temperature can be used. The temperature stabilizing mechanism can be independently combined with each of the four laser light sources LD1 to LD4, or laser light sources LD1 to LD4 can be combined with one temperature stabilizing mechanism] with which biological tissues are to be irradiated [Ito: Title; and FIG. 1]. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the processing of Ruth with the medical application of Ito in order to provide improved situational awareness to a variety of users. Regarding Claim 2, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the notification includes a notification regarding a state of the light source [Ruth: ¶ [0149]]. Regarding Claim 4, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the notification includes a notification regarding availability of a function using the light source [Ruth: ¶ [0149]: if the system is to be used]. Regarding Claim 5, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the notification includes a notification regarding whether or not switching between a plurality of modes having different types of the light to be emitted from the light source is possible [Ito: ¶ [0078]]. Regarding Claim 6, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the notification includes a notification regarding availability of the light source [Ito: ¶ [0078]]. Regarding Claim 13, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the control device circuitry is provided separately from a notification interface configured to make the notification [Ruth: FIG. 38; and FIG. 45; and Ito: FIG. 1]. Regarding Claim 15, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the light source temperature information includes information as to whether or not the temperature of the light source is within an allowable temperature range [Ruth: ¶ [0149]. Regarding Claim 16, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the circuitry is configured to control the notification on a basis of a state of the light source evaluated by comparing the light source temperature information acquired with reference data of the light source temperature information [Ruth: ¶ [0149]]. Regarding Claim 17, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses circuitry is configured to control a temperature adjustment unit that adjusts the temperature of the light source [Ito: ¶ [0068]: Each of the laser light sources LD1 to LD4 used in the present embodiment includes a semiconductor laser element and a temperature stabilizing section configured to control the temperature of the semiconductor laser element]. Regarding Claim 18, Ruth in view of Ito disclose(s) all the limitations of Claim 17, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the circuitry is configured to control the temperature adjustment unit to individually adjust temperatures of a plurality of light sources included in the light source [Ito: ¶ [0078]]. Regarding Claim 19, Ruth in view of Ito disclose(s) all the limitations of Claim 17, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the circuitry is configured to control the temperature adjustment unit to collectively adjust temperatures of a plurality of light sources included in the light source [Ito: ¶ [0078]]. Regarding Claim 20, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the light to be emitted from the light source includes visible light [Ruth: ¶ [0093]: visible light]. Regarding Claim 21, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses wherein the light to be emitted from the light source includes excitation light that excites a specific fluorescent substance [Ito: ¶ [0120]: The externally derived substance may be a drug. The drug may be, but not limited to, a drug that accumulates in a tumor, etc., for example, a fluorescent marker, etc. By administering a fluorescent marker and observing with the illumination light having the wavelength emitted by the fluorescent marker, a lesion such as a tumor can be emphasized]. Regarding Claim 23, Ruth in view of Ito disclose(s) all the limitations of Claim 22, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito discloses further comprising: an image sensor configured to acquire an image of the biological tissues [Ito: FIG. 1]; and a display configured to display [Ito: ¶ [0080]: The image processing circuit 156 is configured to perform image processing to convert an image signal obtained by the imaging unit 152 and transmitted by the image signal line 154 into a signal displayable by a display 170]. Claim(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruth in view of Ito as applied to claim 1 above, and further in view of Postal (US 2015/0248213 A1). Regarding Claim 7, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Ruth in view of Ito may not explicitly disclose wherein the notification includes a notification by display on a display. However, Postal discloses wherein the notification includes a notification by display on a display [Postal: Abstract: empowerment and activation of hard function keys to make accessible to the user, an icon or visual notification on a predefined display area previously mapped to that key, enable the icon during a predefined time interval when the user positions briefly a pointer device on the predefined area and activate the function of the hard key to slide the icon in a sense that the hard key would be pressed]. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the process of Ruth in view of Ito with the interface of Postal in order to provide improved user situational awareness. Regarding Claim 8, Ruth in view of Ito and Postal disclose(s) all the limitations of Claim 7, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito and Postal discloses wherein the notification by display on the display includes a notification to be made by activating or deactivating a software key displayed on the display [Postal: Abstract]. Regarding Claim 9, Ruth in view of Ito and Postal disclose(s) all the limitations of Claim 7, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito and Postal discloses wherein the notification by display on the display includes a notification to be displayed on the display by a software key displayed on the display being selected [Postal: Abstract]. Regarding Claim 10, Ruth in view of Ito and Postal disclose(s) all the limitations of Claim 7, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Ruth in view of Ito and Postal discloses wherein the display is a touch panel display [Postal: Abstract; and ¶ [0029]: touch-screen]. Claim(s) 11-12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruth in view of Ito as applied to claim 1 above, and further in view of Boyer et al. (US 2022/0136223 A1). Regarding Claim 11, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Ruth in view of Ito may not explicitly disclose wherein the notification includes a notification by sound. However, Boyer discloses wherein the notification includes a notification by sound [Boyer: ¶ [0045]: Examples of temperature notifications include, but are not limited to visual notifications (e.g., one or more light sources, such as light emitting diodes (LEDs)), auditory notifications (e.g., various sounds), olfactory notifications (e.g., various smells, such as an aromatherapy smell), other sensory notifications (e.g., turning on a heater to warm a room), etc.]. It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the various notification modes of Boyer with the process of Ruth in view of Ito in order to provide improved user situational awareness. Regarding Claim 12, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Ruth in view of Ito may not explicitly disclose a notification interface configured to make the notification. However, Boyer discloses disclose a notification interface configured to make the notification [Boyer: ¶ [0077]: n illustrative user interface 202 for setting or customizing temperature preferences as defined by the user application 124 on the user device 104 is shown in FIG. 4]. Regarding Claim 14, Ruth in view of Ito disclose(s) all the limitations of Claim 1, and is/are analyzed as previously discussed with respect to that claim. Ruth in view of Ito may not explicitly disclose wherein the light source temperature information includes information regarding the temperature of the light source. However, Boyer discloses wherein the light source temperature information includes information regarding the temperature of the light source [Boyer: ¶ [0077]]. 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 JONATHAN R MESSMORE whose telephone number is (571)272-2773. The examiner can normally be reached Monday-Friday 9-5 EST/EDT. 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, Chris Kelley can be reached at 571-272-7331. 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. /JONATHAN R MESSMORE/Primary Examiner, Art Unit 2482
Read full office action

Prosecution Timeline

Mar 06, 2024
Application Filed
Nov 28, 2025
Non-Final Rejection mailed — §103, §112
Feb 11, 2026
Interview Requested
Feb 17, 2026
Applicant Interview (Telephonic)
Feb 17, 2026
Examiner Interview Summary
Feb 27, 2026
Response Filed
Apr 10, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
86%
With Interview (+9.2%)
2y 9m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 499 resolved cases by this examiner. Grant probability derived from career allowance rate.

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