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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/24/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1, 5-8, 10-23 have been considered but are moot in view of new ground of rejection discussed below.
Applicant argues Watanabe fails to teach “a transmissive beam splitter” because, in Watanabe, light is separated into two or more distinct wavelength ranges by reflection, not transmission. The secondary reference to Perry fails to overcome this deficiency because Perry teaches that “the fluorescence light from the target or sample gets reflected by the primary dichroic shortpass filter 6 and then the secondary dichroic shortpass filter 5, thus, separated from the majority of visible light at the primary dichroic filter. Chen neither disclose a transmissive beam splitter (pages 7-8).
In response, MPEP 2173.05(g) states “a claim term is functional when it recites a feature “by what it does rather than by what it is”. In this case, the function of the claim term “transmissive bean splitter” is “configured to separate incoming light into two or more wavelength ranges”.
Watanabe or Perry or Chen discloses the beam splitter/dichroic mirror separates imaging or analysis different regions as discussed in the rejection and also admitted the Applicant in the Applicant’s remarks on page 7 and also discussed in the non-final rejection. Thus, the beam splitter/dichroic mirrors described in Watanabe, Perry, or Chen is read on the “transmissive beam splitter” because it performs the function “configured to separate incoming light into two or more distinct wavelength ranges.
In fact, Watanabe discloses the dichroic mirror transmits light in a second wavelength band or other wavelength bands (see Watanabe: paragraphs 0017, 0018, 0027, 0029, 0070). Perry discloses a beam splitter to transmit visible light toward eye pieces (paragraph 0003), a dichroic shortpass beam splitter to direct infrared light and visible light to the detector or to pass light of wavelength ranges (see paragraphs 0005, 0010, 0223, 0266). The beam splitter/dichroic mirrors described in Watanabe or Perry transmits, passes or direct the light of wavelength bands, the beam splitter/dichroic mirror in Watanabe/Perry is read on “transmissive beam splitter” as recited in the amended claim 1.
It is also noted that the teaching of “transmissive beam splitter configured to separate incoming lights into two or more wavelength ranges…” is well-known in the prior art. See for example, Kunimatsu et al. (US 20260090708; figures 1-2, 11-12), Hashimoto et al. (US 20170339377: figures 7-11), Yu (US 20160262602: see for example, figure 10).
For reasons given above, rejection of claims 1, 5-8, 10-23 are discussed below.
Claims 2-4, 9 have been canceled.
It is noted that alternative rejections added as discussed below to provide clear evidence that the limitations recited in the claims are well known in prior art.
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.
Claims 1, 5-8, 10-23 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Independent claim 1, recites limitation “for providing real-time, images from the target area”, in line 3 is being infinite because the claim boundaries are unknown. It is unclear what is “real-time” the limitation refer to? or whether “real time, images” are two separate things “from the target area” or just one thing. This limitation is interpreted as best understood as – for providing real-time images from the target area --
Claim 19 recites “the transmissive beam splitter” in line 7 is indefinite because it is unclear whether “the transmissive beam splitter” refer to “a transmissive beam splitter” in line 2 or “a transmissive beam splitter” in line 4 of claim 19.
Independent 1 recites the limitations "the NIR or SWIR wavelength range" (in lines 12-13), the visible wavelength range” (in lines 10-11), “the electromagnetic spectrum” (in lines 7-8), “the visible light spectrum” (in line 8, “the near infrared/shortwave infrared (NIR/SWIR) wavelengths” (in lines 8-9), “the visible spectrum” (in lines 15-16). There are insufficient antecedent basis for these limitations in the claims.
Claim 8 recites the limitation "the composite image" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the target" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the image" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the target" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the target" (in line 3), “the visible” (in line 5), “the Near-Infrared (700nm to 1400 nm) (in lines 5-6). There are insufficient antecedent basis for these limitations in the claim.
Claim 19 recites the limitation "the end of an endoscope" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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, 8 and 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Perry et al. (US 2024/0280490, hereinafter “Perry”).
As to claim 1, Watanabe discloses an endoscope (endoscope 1, Fig.1) having a light source (light source 3, Fig.1), a first lumen (space in endoscope shaft 2 that accommodates light guide 10, Fig.1) configured for delivering illumination from the light source to a target area ([0072]), and a second lumen (space in endoscope shaft 2 that accommodates lens system 11 and image guiding fiber 9, Fig.1) and including a lens (lens system 11) and a fiber-optic imaging system (image guiding fiber 9) configured for providing real-time images from the target area ([0071]); a sleeve (distal cylindrical portion of shaft including windows 7 and 6, Fig.1) attached to an end of the endoscope (as shown in Fig.1);
a transmissive beam splitter (dichroic mirror 8, Figs.1,7) positioned within the sleeve in front of the lens (Figs.1,7), wherein the transmissive beam splitter is configured to separate incoming light into two or more distinct wave length ranges whereby to separate imaging or analysis of different regions in the electromagnetic spectrum (splits incoming light into light L2 (reflected) and light L4 (transmitted), Fig.1, [0077]-[0078], light L2 in first wavelength band and light L4 of second wavelength band, [0079]); a visible light imaging sensor or camera configured to capture images or data in the visible wavelength range (CCD 17, configured to receive visible reflection light L4, [0028], making it a visible light imaging sensor); an NIR or SWIR imaging sensor or camera configured to capture images or data in the NIR or SWIR wavelength range (CCD 16, configured to receive the fluorescence light L2, which, as modified below with respect to Perry, is in the IR/NIR/SWIR wavelength range, making it a NIR or SWIR imaging sensor); and a processor (image combining unit 20, Fig.1) configured to process and analyze light data captured by the endoscope and provide a composite real-time image of the target area including real time images in the visible spectrum L4 and real time images in the fluorescence spectrum L2 (combines image data into a composite image G1/G2, Fig.3, [0083]-[0084]; processed CCD images provide real time images).
Watanabe discloses that the beamsplitter separates the incoming light into two distinct wavelength ranges (Watanabe exemplifies one range as being for reflected visible light and the other range for fluorescence light from a substance within the body, [0027]-[0028]) but does not disclose the particulars of such wavelength ranges, and specifically, does not disclose that the wavelength ranges are the visible light spectrum and the near infrared/shortwave infrared (NIR/SWIR) wavelengths. Perry evidences that it is known in the medical imaging art, including endoscopes ([0008]), to simultaneously obtain and combine visible light image data and fluorescent light data in the IR/SWIR/NIR range ([0038],[0149], infrared can include wavelengths from 700 nm to 3000 nm, [0453]) using beamsplitters to separate the wavelength ranges ([0005]), such wavelength ranges being diagnostically beneficial ([0001]-[0003]). In view of these wavelength ranges being diagnostically beneficial, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the two distinct wavelength ranges in Watanabe as being the visible light spectrum and NIR/SWIR light spectrum. Accordingly, in makings such modification, the composite image generated by Watanabe would include real time images in the visible spectrum and real time images in the NIR or SWIR wavelength range.
As to claim 8, Watanabe further discloses a user interface configured to allow users to view and analyze the composite image, and/or adjust settings of the endoscope (display 5, Fig.1, constitutes a user interface configured to allow a user to view and analyze the composite image).
As to claim 19, Watanabe discloses a method for inspecting an internal structure comprising providing an endoscope device (endoscope 1, Figs.1,7) that utilizes a transmissive beam splitter (dichroic mirror 8, Fig.1,7) configured to separate incoming light into two or more distinct wavelength ranges (splits incoming light into light L2 (reflected) and light L4 (transmitted), Fig.1, [0077]-[0078]), comprising the steps of: attaching a sleeve to the end of an endoscope (distal cylindrical portion of shaft including windows 6,7 attached to distal end of endoscope 1, Fig.1), positioning a transmissive beam splitter within the sleeve in front of the endoscope's lens (shown positioned in front of lens system 11 in Fig.1), and capturing real time images or data by using the transmissive beam splitter to separate incoming light into two or more distinct wavelength ranges (light L2 in first wavelength band and light L4 of second wavelength band, [0079], are transmitted to CCD image sensors 16 and 17, [0081], Fig.1; CCD imagers provide real time images).
Watanabe discloses that the beamsplitter separates the incoming light into two distinct wavelength ranges (Watanabe exemplifies one range as being for reflected visible light and the other range for fluorescence light from a substance within the body, [0027]-[0028]) but does not disclose the particulars of such wavelength ranges, and specifically, does not disclose that the wavelength ranges are the visible light spectrum and the near infrared/shortwave infrared (NIR/SWIR) wavelengths. Perry evidences that it is known in the medical imaging art, including endoscopes ([0008]), to simultaneously obtain and combine visible light image data and IR/SWIR/NIR light image data ([0038],[0149], infrared can include wavelengths from 700 nm to 3000 nm, [0453]) using beamsplitters to separate the wavelength ranges ([0005]), such wavelength ranges being diagnostically beneficial ([0001]-[0003]). In view of these wavelength ranges being diagnostically beneficial, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the two distinct wavelength ranges in Watanabe as being the visible light spectrum and NIR/SWIR light spectrum.
As to claim 20, wherein the internal structures comprises an animal internal structure (body cavity, [0067]).
As to claim 21, Watanabe in view of Perry discloses the endoscope of claim 1, wherein the second lumen is configured to receive illumination from a single target area (see include, but are not limited to, Watanabe: figures 1, 5, paragraphs 0026, 0086-0087, wherein “single target area” is read on an area such as the end of distal end or beam splitter where second lumen is received the illumination from; or see Perry: include, but are not limited to, figures 4, 5d, 6a, 18, paragraphs 0156, 0167, 0222).
As to claim 22, Watanabe in view of Perry discloses the endoscope of claim 1, wherein the light source illuminates a single target area (see include, but are not limited to, Watanabe: figures 1, 5, paragraphs 0026, 0086-0087, wherein “single target area” is read on an area such as the end of distal end or target area that the light source is provided to; or see Perry: include, but are not limited to, figures 4, 5d, 6a, 18, paragraphs 0156, 0167, 0222) .
As to claim 23, Watanabe in view of Perry discloses the endoscope of claim 1, wherein the transmissive beam splitter is positioned in an optical path of the second lumen (beam splitter/dichroic mirror is positioned in an optical path of the second lumen -see include, but are not limited to, Watanabe: figures 1, 5).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Perry et al. (US 2024/0280490, hereinafter “Perry”), as set forth above with respect to claim 1, and further in view of Chen (US 2022/0361738).
As to claims 5-7, Watanabe, as set forth above with respect to claim 1, discloses a generic image processing arrangement (e.g. imaging generating units 18,19, image combining unit 20) that processes and combines the obtained images from the different wavelength bands for comparison in a composite image, but fails to disclose the specific processor arrangement for doing this, including wherein a hyper-spectral fusion Artificial Intelligence (AI) system to combine data captured in different wavelength ranges by the transmissive beam splitter and to create a composite image. However, Chen teaches, in a similar endoscope system which obtains and combines images of different wavelength bands (Chen: Fig.10, [0001]-[0003]), that a AI driven image processing algorithms can be used to combine and compare the different images for analysis ([0049]). Since Watanabe does not disclose the particulars of the image processing, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used image processing techniques known in the art for combining and comparing images, including AI driven image processing algorithms (e.g. AI hyper-spectral fusion), as taught by Chen.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Perry et al. (US 2024/0280490, hereinafter “Perry”) and Chen (US 2022/0361738), as set forth with respect to claim 5, and further in view of He et al. (US 2023/0342912, hereinafter “He”).
As to claims 10-12, Watanabe, as modified by Perry and Chen as set forth above with respect to claim 5, disclose an AI system for aiding in image processing, but fails to disclose that the AI system is further configured to analyze the images to provide a diagnosis by detecting abnormalities or disease. However, He teaches, in an endoscopic imaging system, to employ a trained AI system (neural models, [0004] that are trained by image datasets, [0116]) to provide a diagnosis and/or risk assessment by detecting abnormalities (e.g.[0117]-[0119]). He teaches that use of such AI detection in endoscopy is beneficial because it can improve detection rate ([0002]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the AI system with the further ability to detect and diagnose abnormalities in the images of Watanabe to improve detection rate, as taught by He.
Claim(s) 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Perry et al. (US 2024/0280490, hereinafter “Perry”), as set forth above with respect to claim 1, and further in view of Hale et al. (US 2005/0113643).
As to claim 13-15, Watanabe, as set forth above with respect to claim 1, fails to disclose that the image comprises a topographical image. However, Hale teaches, in the endoscope art, that it is known to use image processing software on a computer (processor) ([0017]) to process the images to form topographical images (Fig.4B, [0022]) to generate a 3D representation of the target image (Fig.4D, [0022]). Hale teaches that doing so provides an enhanced, versatile, and more realistic representation of structures viewed by the endoscope ([0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the processing arrangement of Watanabe with the ability to form topographical images for the desirable reasons taught by Hale.
As to claim 16, Watanabe, as modified by Hale above, further discloses a user interface configured to allow users to view the 3D representation (display unit 5 used to display images for a user).
As to claim 17, the processor is configured to employ a mathematical model method selected from the group consisting of triangulation, surface reconstruction, and volumetric representation, to create topographical images (as modified by Hale, surface reconstruction or volumetric representation can be used to create the images, Hale: [0022]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Perry et al. (US 2024/0280490, hereinafter “Perry”), as set forth above with respect to claim 1, and further in view of Fouts et al. (US 2022/0183760, hereinafter “Fouts”).
As to claim 18, Watanabe, as set forth above with respect to claim 1, generates 2D images of the anatomy and fails to disclose that the processor is configured to employ machine loading algorithms selected from the group consisting of deep neural networks and convolutional neural networks that are mathematically described and analyzed using optimization and gradient descent algorithms, to create 3D modeling images. However, Fouts teaches in the medical imaging art that it is known to generate 3D model images of an anatomical target from 2D images ([0054]) using machine learning algorithms such as deep neural networks and convolutional neural networks ([0073]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used known machine learning algorithms to create 3D model images from 2D images in order to provide the predictable result of aiding a viewer of the images by providing enhanced and more realistic representation being imaged ([0006]).
Claim(s) 1, 8 and 19-23 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Yu (US 20160262602).
It is noted that all subject matters of documents that are directly or indirectly incorporated by reference in Yu (see paragraphs 0005, 0037, 0061, 0082-0083, 0088-0091) are treated as part of the specification of Yu (see for example, MPEP 2163.07 b).
Regarding claim 1, Watanabe discloses an endoscope (endoscope 1, Fig.1) having a light source (light source 3, Fig.1), a first lumen (space in endoscope shaft 2 that accommodates light guide 10, Fig.1) configured for delivering illumination from the light source to a target area ([0072]), and a second lumen (space in endoscope shaft 2 that accommodates lens system 11 and image guiding fiber 9, Fig.1) and including a lens (lens system 11) and a fiber-optic imaging system (image guiding fiber 9) configured for providing real-time images from the target area ([0071]);
a sleeve (distal cylindrical portion of shaft including windows 7 and 6, Fig.1) attached to an end of the endoscope (as shown in Fig.1);
a transmissive beam splitter (dichroic mirror 8, Figs.1,7) positioned within the sleeve in front of the lens (Figs.1,7), wherein the transmissive beam splitter is configured to separate incoming light into two or more distinct wave length ranges whereby to separate imaging or analysis of different regions in the electromagnetic spectrum (splits incoming light into light L2 (reflected) and light L4 (transmitted), Fig.1, [0077]-[0078], light L2 in first wavelength band and light L4 of second wavelength band, [0079]);
a visible light imaging sensor or camera configured to capture images or data in the visible wavelength range (CCD 17, configured to receive visible reflection light L4, [0028], making it a visible light imaging sensor);
an imaging sensor or camera configured to capture images or data in a wavelength range (CCD 16, configured to receive the fluorescence light L2, see figures 1, 4-5, paragraphs 0074); and
a processor (image combining unit 20, Fig.1) configured to process and analyze light data captured by the endoscope and provide a composite real-time image of the target area including real time images in the visible spectrum L4 and real time images in the fluorescence spectrum L2 (combines image data into a composite image G1/G2, Fig.3, [0083]-[0084]; processed CCD images provide real time images).
Watanabe discloses that the beamsplitter separates the incoming light into two distinct wavelength ranges (Watanabe exemplifies one range as being for reflected visible light and the other range for fluorescence light from a substance within the body, [0027]-[0028]). However, Watanabe does not explicitly disclose NIR or SWIR imaging sensor configured to capture data in the NIR or SWIR wavelength range, and real time images in the NRI or SWIR wavelength.
Additionally and/or alternatively, Yu discloses an endoscope (see figures 10-11, paragraphs 0007, 0095) having a light source (80/82/102 – see figures 10-11, paragraphs 0101, 0104), a first lumen (hollow lumen/illumination channel 72) configured for delivering illumination from the light source to a target area (surgical field 76) - see figures 10-11, paragraphs 0100, 0104) and a second lumen (imaging channel 78) and a fiber-optic imaging system configured for providing real-time images from the target area (see include, but are not limited to, figures 10-11, paragraphs 0100, 0102, 0104);
a transmissive beam splitter (dichroic mirror 86 acting as a beam splitter – see figure 10, paragraphs 0102, 0104) is configured to separate incoming light into two or more distinct wavelength ranges wherein to separate imaging or analysis of different regions in the electromagnetic spectrum to separate incoming light into visible light spectrum and the near infrared/shortwave infrared (NIR/SWIR) wavelengths (dichroic mirror 86 acting as a beam splitter is configured to separate incoming light into two or more distinct wavelength range wherein to separate imaging or analysis different regions in the spectrum to separate incoming light into visible light spectrum and the near infrared (NIR) wavelength – see include, but are not limited to, figure 10, paragraphs 0102-0104);
a visible light imaging sensor or camera configured to capture images or data in the visible wavelength range (color camera 88 configured to capture images or data in visible wavelength – see figure 10, paragraphs 0102-0103);
an NIR or SWIR imaging sensor or camera configured to capture image or data in the NIR or SWIR wavelength range (NIR light camera apparatus 90 configured to capture image or data in the NIR wavelength range – see figure 10, paragraphs 0102-0104);
a processor configured to process and analyze light data captured by the endoscope and provide a composite real time image of the target area including real time images in the visible spectrum and real time image in the NIR or NWIR wavelength range (processing component 92 configured to process and analyze light data captured by the endoscope and provide a combined real-time image of the surgical field including real time images in the visible spectrum and real time image in NIR wavelength for superimposed display on the display screen 94– see include, but are not limited to, figures 1-3, 8A-10, paragraphs 0069, 0078-0080, 0103).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Watanabe with the teaching including NIR or SWIR imaging sensor configured to capture data in the NIR or SWIR wavelength range, and real time images in the NRI or SWIR wavelength as taught by Yu in order to yield predictable result of allowing surgeon to simultaneously view the anatomical structures in both the normal color mode and fluorescence mode and improve quality of image and convenience for the surgeon (paragraphs 0003, 0005).
Regarding claim 8, Watanabe in view of Yu further discloses a user interface configured to allow users to view and analyze the composite image, and/or adjust settings of the endoscope (see Watanabe: display 5, Fig.1, constitutes a user interface configured to allow a user to view and analyze the composite image; or see Yu: figures 2-4b, 8a-9b, paragraphs 0012, 0020).
Regarding claim 19, Watanabe discloses a method for inspecting an internal structure comprising providing an endoscope device (endoscope 1, Figs.1,7) that utilizes a transmissive beam splitter (dichroic mirror 8, Fig.1,7) configured to separate incoming light into two or more distinct wavelength ranges (splits incoming light into light L2 (reflected) and light L4 (transmitted), Fig.1, [0077]-[0078]), comprising the steps of: attaching a sleeve to the end of an endoscope (distal cylindrical portion of shaft including windows 6,7 attached to distal end of endoscope 1, Fig.1), positioning a transmissive beam splitter within the sleeve in front of the endoscope's lens (shown positioned in front of lens system 11 in Fig.1), and capturing real time images or data by using the transmissive beam splitter to separate incoming light into two or more distinct wavelength ranges (light L2 in first wavelength band and light L4 of second wavelength band, [0079], are transmitted to CCD image sensors 16 and 17, [0081], Fig.1; CCD imagers provide real time images).
Watanabe discloses that the beamsplitter separates the incoming light into two distinct wavelength ranges (Watanabe exemplifies one range as being for reflected visible light and the other range for fluorescence light from a substance within the body, [0027]-[0028]). However, Watanabe does not explicitly disclose that the wavelength ranges are the visible and the near infrared (700nm to 1400nm) and Short-Wave Infrared (0.9-1.7 µm) – NIR/SWIR wavelengths.
Additionally and/or alternatively, Yu discloses a method for inspecting an internal structure comprising providing an endoscope device that utilizes a transmissive beam splitter (86) configured to separate incoming light into two or more distinct wavelength range, comprising capturing real time image or data in both the visible and the Near-Infrared (700nm to 1400 nm) and Short-Wave Infrared (0.9-1.7 um) – NIR/SWIR wavelength ranges by using the transmissive beam splitter to separate incoming light into two or more distinct wavelength ranges (endoscope that uses beam splitter 86 configured to separate incoming light into two or more distinct wavelength range, comprising capturing real time image or data in both visible (wavelengths shorter than 700 nm/visible light) and NIR (greater than 700 nm) and Short-Wave Infrared – NIR/SWIR via shortwave pass/shortpass (wavelength) filter (e.g., see figures 8a-10, paragraphs 0021, 0079, 0082, 0098, 0101-0104).
Yu discloses shortwave pass/filter and wavelength of 930 nm (see paragraphs 0082, 0098, 0102). Obviously, the wavelength separated comprises short-wave infrared (0.9 µm to 1.7 µm). For example, 930 nm is between 0.9 µm to 1.7 µm.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Watanabe with the teaching including NIR or SWIR imaging sensor configured to capture data in the NIR or SWIR wavelength range, and real time images in the NIR or SWIR wavelength as taught by Yu in order to yield predictable result of allowing surgeon to simultaneously view the anatomical structures in both the normal color mode and fluorescence mode and improve quality of image and convenience for the surgeon (paragraphs 0003, 0005).
See also Tully et al. (US 20200315432) for the teaching of beam splitter for separating light into different wavelength ranges comprising NIR, SWIR with range from 0.7 µm to about 1.4µ (para. 0075, 0102, figure 15).
Regarding claim 20, Watanabe in view of Yu discloses wherein the internal structures comprises an animal internal structure (body cavity, see Watanabe: paragraph [0067]; Yu: figure 4a-4b, paragraph 0007).
Regarding claim 21, Watanabe in view of Yu discloses the endoscope of claim 1, wherein the second lumen is configured to receive illumination from a single target area (see include, but are not limited to, Watanabe: figures 1, 5, paragraphs 0026, 0086-0087, wherein “single target area” is read on an area such as the end of distal end or beam splitter where second lumen is received the illumination from; or see Yu: include, but are not limited to, figure 10, paragraphs 0100-0102 – channel 78 is configured to illumination/light from surgical field 76).
Regarding claim 22, Watanabe in view of Yu discloses the endoscope of claim 1, wherein the light source illuminates a single target area (see include, but are not limited to, Watanabe: figures 1, 5, paragraphs 0026, 0086-0087, wherein “single target area” is read on an area such as the end of distal end or target area that the light source is provided to; or see also: Yu: figures 10-11, paragraphs 0101-0104 – light source illuminate surgical field 76) .
Regarding claim 23, Watanabe in view of Yu discloses the endoscope of claim 1, wherein the transmissive beam splitter is positioned in an optical path of the second lumen (beam splitter/dichroic mirror is positioned in an optical path of the second lumen -see include, but are not limited to, Watanabe: figures 1, 5; Yu: figure 10, paragraphs 0100-0103).
Claims 5-7, 10-12 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Yu (US 20160262602), as applied to claim 1 above, and further in view of Tully et al. (US 20200315432).
Regarding claims 5-7, 10-12, Watanabe in view of Yu discloses the endoscope of claim 1, wherein the processor is configured to combine data captured in different wavelength ranges by the transmissive beam splitter (dichroic mirror/beam splitter – see include, but are not limited to, Watanabe: figures 1, 4; Yu: figures 8a-10) and to create a composite image (e.g. imaging generating units 18,19, image combining unit 20 – see Watanabe: figures 1, 4; Yu: figures 4a-4b, 8a-10), a system is configured to combine data captured in different wavelength ranges by the transmissive beam splitter (dichroic mirror/beam splitter) and create a composite image (see include, but are not limited to, Watanabe: figures 1, 4; Yu: figures 4a-4b, 8a-10, paragraphs 0086, 0100-0104), wherein the processor includes software for processing and analyzing data captured by the endoscope configured to combine data captured in different wavelength ranges by the transmissive beam splitter and create a composite image (see include, but are not limited to, Watanabe: figures 1, 4; Yu: figures 4a-4b, 8a-10, paragraphs 0086, 0100-0104). However, Watanabe in view of Yu does not explicitly disclose the system is a hyperspectral fusion Artificial Intelligence (AI) system is configured to detect abnormalities or disease or defect on the target, the AI system is trained on a data set of images, the AI system is configured to provide diagnosis or recommendation for further analysis or treatment.
However, Tully discloses processor is configured to employ a hyper-spectral fusion Artificial Intelligence (AI) system (learning machine algorithms/artificial neural network – see include, but are not limited to, paragraphs 0052, 0136, figures 1A, 9-10) to combine data captured in different wavelength ranges (see paragraphs 0075, 0101, 0104, 0105) by transmissive beam splitter (dichroic mirror) and to create a composite image (see include, but are not limited to, figures 9-10, 14A-17, paragraphs 0056, 0075, 0102, 0118, 0135, 0136, 0158), wherein the AI system is configured to combine data captured in different wavelength ranges by the transmissive beam splitter and create a composite image (see include, but are not limited to, figures 9-10, 14A-17, paragraphs 0056, 0075, 0102, 0118, 0135, 0136, 0158), the processor includes software for processing and analyzing data captured by the endoscope and including a hyperspectral fusion AI algorithm configured to combine data captured in different wavelength ranges by the transmissive beam splitter and create a composite image (see include, but are not limited to, figures 9-10, 14A-17, paragraphs 0056, 0075, 0102, 0118, 0135, 0136, 0158), an AI system is configured to detect abnormalities or disease or defects on the target (see for example, paragraphs 0063, 0140, figures 9-10, 14a-14c); the AI system is trained on a data set of images (learning machine or with training set e.g., database of previous identified tissue sites and feature thereof, along with respective light signal data sets – see include, but are not limited to, figures 9-10, 17), and the AI system is configured to provide diagnosis or recommendation for further analyses or treatment (e.g., diagnosis and/or assist in medical intervention such as treatment, surgery, etc. – see paragraph 0072 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Watanabe in view of Yu with the teaching including using AI system and is configured to detect abnormalities or disease or defects on the target, train on a data set of images, diagnosis or recommendation of further analyses or treatment as taught by Tully in order to yield predicable result of improving convenience and/or improve accuracy for processing and displaying content.
Claims 13-17 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Yu (US 20160262602), as set forth above with respect to claim 1, and further in view of Hale et al. (US 2005/0113643).
As to claim 13-15, Watanabe, as set forth above with respect to claim 1, fails to disclose that the image comprises a topographical image. However, Hale teaches, in the endoscope art, that it is known to use image processing software on a computer (processor) ([0017]) to process the images to form topographical images (Fig.4B, [0022]) to generate a 3D representation of the target image (Fig.4D, [0022]). Hale teaches that doing so provides an enhanced, versatile, and more realistic representation of structures viewed by the endoscope ([0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the processing arrangement of Watanabe with the ability to form topographical images for the desirable reasons taught by Hale.
As to claim 16, Watanabe, as modified by Hale above, further discloses a user interface configured to allow users to view the 3D representation (display unit 5 used to display images for a user).
As to claim 17, the processor is configured to employ a mathematical model method selected from the group consisting of triangulation, surface reconstruction, and volumetric representation, to create topographical images (as modified by Hale, surface reconstruction or volumetric representation can be used to create the images, Hale: [0022]).
Claim 18 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US 2010/0053312, hereinafter “Watanabe”) in view of Yu (US 20160262602), as set forth above with respect to claim 1, and further in view of Fouts et al. (US 2022/0183760, hereinafter “Fouts”).
As to claim 18, Watanabe, as set forth above with respect to claim 1, generates 2D images of the anatomy and fails to disclose that the processor is configured to employ machine loading algorithms selected from the group consisting of deep neural networks and convolutional neural networks that are mathematically described and analyzed using optimization and gradient descent algorithms, to create 3D modeling images. However, Fouts teaches in the medical imaging art that it is known to generate 3D model images of an anatomical target from 2D images ([0054]) using machine learning algorithms such as deep neural networks and convolutional neural networks ([0073]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used known machine learning algorithms to create 3D model images from 2D images in order to provide the predictable result of aiding a viewer of the images by providing enhanced and more realistic representation being imaged ([0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kunimatsu et al. (US 20260090708) discloses imaging device and medical observation comprising beam splitter for separating visible light and invisible light to create a combine image for display on a display -see figures 1, 11-13, 17).
Hashimoto et al. (US 20170339377) discloses endoscope and endoscope system comprising prism for splitting wavelengths of visible and invisible/infrared lights and processor for combine the images into a composite image for display on screen – see figures 5-6, 10-11).
Tully et al. (US 20200315432) discloses systems and methods for medical imaging comprising beam splitter to separate visible light and NIR/SWIR lights and generate a composite image (see for example, figures 9, 13, 15-16).
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/AN SON P HUYNH/Primary Examiner, Art Unit 3795
September 22, 2026’
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