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 .
Prior arts cited in this office action:
Akimoto et al. (US 20180214006 A1, hereinafter “Akimoto”)
Furuta et al. (US 20180214241 A1, hereinafter “Furuta”)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-7, 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Akimoto et al. (US 20180214006 A1 A1, hereinafter “Akimoto”) and in view of Furuta et al. (US 20180214241 A1, hereinafter “Furuta”).
Regarding claims 1, 14 and 15:
Akimoto teaches an image processing apparatus comprising a processor (Akimoto [0007], [0067]. [0105], [0107] where Akimoto teaches an image processing apparatus, method and computer program comprising one or more processors), wherein the processor is configured to:
after acquiring endoscope image information from an endoscope to generate
an organ model (Akimoto [0002]-[0005], where Akimoto teaches The present invention has been made in view of the above-described points, and an object thereof is to provide an endoscope system and an image processing method for generating a three-dimensional model image that easily displays an unconstructed region), continue acquiring the endoscope image information (Akimoto [0123]-[0128], where Akimoto teaches The image update processing unit 42o updates the (first) 3D model image based on the change in the area included in the endoscope image data forming the input two-dimensional data. The image update processing unit 42o compares the current input endoscope image data with the endoscope image data used for generating the (first) 3D model image immediately before);
specify, based on latest endoscope image information, a change site of the organ model already generated (Akimoto [0123]-[0128, where Akimoto teaches Then, when a change amount equal to or larger than a preset threshold value is detected as a comparison result, the image update processing unit 42o uses the (first) 3D model image based on the current endoscope image data to store the past (first) 1) Update the 3D model image);
correct a shape of at least a part of the organ model including the change site (Akimoto [0020]-[0023], [0074], [0105]-[0106], [0123]-[0128], where Akimoto teaches The image processing unit 42 includes an image update processing unit 42o that performs processing for updating 3D shape data and the like based on a change in a region (two-dimensional corresponding to a three-dimensional region) included in the two-dimensional data accompanying the insertion operation);
and
output information on the organ model corrected (Akimoto [0105]-[0107], [0123]-[0128], where Akimoto teaches The 3D model image generated by the image generation unit 42 b is output to the monitor 8 as a display device and displayed on the monitor 8. The image generation unit 42b has a function of an output unit that outputs a 3D model image (or an image of 3D model data) to a display device).
Akimoto fails to explicitly teaches the image is being acquired continuously although Akimoto teaches taken subsequent images and perform update of the model based on the subsequent images acquired. For clarity’s sake, one can take a look at Furuta where Furuta teaches Therefore, even in a case in which the patient 9 moves, it is possible to project the projection image indicating the position of the leading end of the catheter 12 in the body of the patient 9 to the corresponding part of the patient 9 in response to a change in the real-time position or posture of the patient. In addition, it is possible to reproduce the position of the catheter 12 inserted into the body of the patient 9 on the body surface of the patient 9 (Furuta [0092], [0113]-[0114]).
Therefore, taking the teachings of Akimoto and Furuta as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to continuously obtain images such that the site can be update in real time to allow proper monitoring of the site and the catheter for example.
Regarding claim 2:
Akimoto in view of Furuta teaches wherein the processor generates a new organ model based on the latest endoscope image information and corrects the shape of the organ model already generated, based on the new organ
model (Akimoto [0105]-[0107], [0123]-[0128]).
Regarding claim 3:
Akimoto in view of Furuta teaches wherein the processor corrects a whole of the organ model (Akimoto [0105]-[0107], [0123]-[0128]).
Regarding claim 5:
Akimoto in view of Furuta teaches wherein the processor calculates, from a specific target included in a plurality of pieces of endoscope image information picked up at different times, a change amount of the specific target and corrects the shape of the organ model based on the change amount (Akimoto [0105]-[0107], [0123]-[0128]; Furuta [0124], [0141]-[0142]).
Regarding claim 6:
Akimoto in view of Furuta teaches wherein the processor calculates, as the change amount, at least one of an expansion and reduction amount, a rotation amount, an extension and contraction amount, or a moving amount (Akimoto [0334]-[0337], Furuta [0094]).
Regarding claim 7:
Akimoto in view of Furuta teaches wherein the processor calculates, based on a change amount in a distance between a plurality of specific targets, at least one of the expansion and reduction amount or the extension and contraction amount (Akimoto [0334]-[0337], Furuta [0094]).
Regarding claim 10:
Akimoto in view of Furuta teaches wherein the processor acquires the endoscope image information from the endoscope by frame, and calculates the change amount by the frame (Akimoto [0067], [0123]-[0127], where every picture can be considered a frame).
Regarding claim 11:
Akimoto in view of Furuta teaches wherein the processor calculates the change amount referring to type information of the specific target (Akimoto [0102], where the organ or the endoscope can be the specific target).
Regarding claim 12:
Akimoto in view of Furuta teaches wherein the processor reduces a correction amount of the shape of the organ model as a distance from the specific target increases (Akimoto [0123]-[0127]).
Regarding claim 13:
Akimoto in view of Furuta teaches The image processing apparatus according to claim 5, Wherein an organ as a target for generation of the organ model is an intestine, and the specific target is a fold of the intestine (Furuta [0141], [0147], [0149]).
Allowable Subject Matter
Claims 4 and 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/WEDNEL CADEAU/Primary Examiner, Art Unit 2632 March 5, 2026