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 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, 3, 7, 8, 13, 14, 16, 19, 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara et al. WO2015/012096 and further in view of Takekoshi et al. US2015/0173595.
Nara discloses for claim 1, “A medical observation system comprising:
circuitry configured to
acquire a first captured image (normal light imaging unit 20; fig 1; 0016) obtained by capturing light from an observation target to which light of a first wavelength band is emitted and a second captured image (narrow band imaging using IR region 905 - 970 nm on filter 5; fig 1; 0014) obtained by capturing fluorescence from the observation target excited by excitation light of a second wavelength band different from the first wavelength band (0014 specifically describes illuminating with narrow band IR region 905 – 907 nm as “excitation light”, i.e. inducing fluorescence and therefore capturing fluorescence for the second captured image. This wavelength band is different from the normal light image of the first wavelength band which uses visible light spectrum.);
Nara does not disclose “calculate a single evaluation value based solely on the first captured image, the single evaluation value to be used for at least one of
a first control of controlling a focus position of an image sensor configured to generate the first captured image and the second captured image;
a second control of controlling a brightness of the first captured image and the second captured image and
execute at least one of the first control and the second control based on the single evaluation value”,
but does disclose a comparable control of an auto focusing function applied to multiple images including the normal image and the fluorescence image. Takekoshi bridges this gap by teaching in the same field of endeavor, detecting the brightness of an image ([0048] describes the brightness detection unit 303 as detecting brightness which is quantified as an amount of irradiation light) and adjusting the brightness of a different image using that single detection value (0074-0077 i.e. the fluorescence image brightness is adjusted based on the detected brightness detection value of the white light image). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Takekoshi into the invention of Nara in order to configure the medical image processing apparatus e.g. as claimed because it “prevents a change in fluorescence intensity due to light distribution or influence of light absorption characteristics of an organ, thereby allowing the display device 5 to display a clear fluorescence image of the subject” 0074 and configures a more efficient brightness adjustment process by reducing computational load on the system through defaulting to the brightness signal of the white light image rather than using a computationally intensive decision point of choosing between two different images for the parameter. Such modifications could also be applied to the existing focus control of white light and fluorescence images.
Nara discloses for claim 3, “The medical observation system according to claim 1, wherein:
the circuitry is configured to
control a light source device to emit light in the first wavelength band from the light source device in a first period (0025 describes imaging using the normal light and the narrow band lights sequentially, where 0029 describes the use of the excitation light filter being placed in the illumination path, where the filter has two distinct regions for the two wavelength bands, thereby requiring the narrow band lights to not be overlapped);
control the light source device to emit the excitation light from the light source device in a second period, the first period and the second period being alternately repeated (0025 describes imaging using the normal light and the narrow band lights sequentially, where 0029 describes the use of the excitation light filter being placed in the illumination path, where the filter has two distinct regions for the two wavelength bands, thereby requiring the narrow band lights to not be overlapped);
control the image sensor to capture the light from the observation target to which the light in the first wavelength band is emitted in the first period to generate the first captured image (0025-0026 describes the normal light imaging using a first wavelength band); and
control the image sensor to capture the fluorescence from the observation target excited by the excitation light in the second period to generate the second captured image (0028-0029 describes the use of the excitation light filter for narrow band imaging)”.
Nara discloses for claim 7, “The medical observation system according to claim 1, wherein the second captured image is obtained by capturing fluorescence of non-visible wavelength (narrow band imaging using IR region 790-820 nm, e.g. for indocyanine green on filter 5; fig 1; 0014)”.
Nara discloses for claim 8, “The medical observation system according to claim 7, wherein the second captured image is obtained by capturing fluorescence of IR wavelength band (narrow band imaging using IR region 790-820 nm, e.g. for indocyanine green on filter 5; fig 1; 0014)”.
Nara discloses for claim 13, “The medical observation system according to claim 1, further comprising:
a light source configured to emit light in a first wavelength band and excitation light in a second wavelength band different from the first wavelength band (0025 describes imaging using the normal light and the narrow band lights sequentially, where 0029 describes the use of the excitation light filter being placed in the illumination path, where the filter has two distinct regions for the two wavelength bands, thereby requiring the narrow band lights to not be overlapped); and
an image sensor configured to generate a first captured image by capturing light from an observation target to which light in the first wavelength band is emitted and that generates a second captured image by capturing fluorescence from the observation target excited by the excitation light (0025-0026 describes the normal light imaging using a first wavelength band)”.
Nara discloses for claim 14, “A medical observation system comprising:
circuitry configured to
acquire a first captured image (normal light imaging unit 20; fig 1; 0016) obtained by capturing light from an observation target to which light of a first wavelength band is emitted, and a second captured image (narrow band imaging using IR region 905 - 970 nm on filter 5; fig 1; 0014) obtained by capturing fluorescence from the observation target excited by excitation light of a second wavelength band different from the first wavelength band and a third captured image (narrow band imaging using IR region 790-820 nm, e.g. for indocyanine green on filter 5; fig 1; 0014) obtained by capturing light from an observation target to which light of a third wavelength band different from the first wavelength band or the second wavelength is emitted (0014 specifically describes illuminating with narrow band IR region 905 – 907 nm as “excitation light”, i.e. inducing fluorescence and therefore capturing fluorescence for the second captured image. This wavelength band is different from the normal light image of the first wavelength band which uses visible light spectrum.);
control a light emission pattern which includes a first period of emitting light in the first wavelength band, a second period of emitting light in the second wavelength and a third period of emitting light in a third wavelength band, wherein at least a part of the second period is not overlapped with the third period, and at least a part of the third period is not overlapped with the second period (0025 describes imaging using the normal light and the narrow band lights sequentially, where 0029 describes the use of the excitation light filter being placed in the illumination path, where the filter has two distinct regions for the two wavelength bands, thereby requiring the narrow band lights to not be overlapped);
control an image sensor to capture the light from the observation target to which the light in the first wavelength band is emitted in the first period to generate the first captured image (0025-0026 describes the normal light imaging using a first wavelength band);
control the image sensor to capture the light from the observation target to which the light in the second wavelength band is emitted in the second period to generate the second captured image (0028-0029 describes the use of the excitation light filter for narrow band imaging in the two narrow band wavelengths); and
control the image sensor to capture the light from the observation target to which the light in the third wavelength band is emitted in the third period to generate a third captured image (0028-0029 describes the use of the excitation light filter for narrow band imaging in the two narrow band wavelengths).
Nara does not disclose “calculate a single evaluation value, based solely on the first captured image, the single evaluation value to be used for at least one of: a first control of controlling a focus position of the image sensor, and a second control of controlling a brightness of the first captured image, the second captured image, and the third captured image; and execute at least one of the first control and the second control based on the single evaluation value”,
but does disclose a comparable control of an auto focusing function applied to multiple images. Takekoshi bridges this gap by teaching in the same field of endeavor, detecting the brightness of an image ([0048] describes the brightness detection unit 303 as detecting brightness which is quantified as an amount of irradiation light) and adjusting the brightness of a different image using that single detection value (0074-0077 i.e. the fluorescence image brightness is adjusted based on the detected brightness detection value of the white light image). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Takekoshi into the invention of Nara in order to configure the medical image processing apparatus e.g. as claimed because it “prevents a change in fluorescence intensity due to light distribution or influence of light absorption characteristics of an organ, thereby allowing the display device 5 to display a clear fluorescence image of the subject” 0074 and configures a more efficient brightness adjustment process by reducing computational load on the system through defaulting to the brightness signal of the white light image rather than using a computationally intensive decision point of choosing between two different images for the parameter. Such modifications could also be applied to the existing focus control of white light and fluorescence images.
Modified Nara discloses for claim 16, “The medical observation system according to claim 14, wherein the second control includes a control of brightness of the first captured image, the second captured image, and the third captured image (Takekoshi: 0048, 0074-0077 as described in claim 15)”.
Nara discloses for claim 19, “The medical observation system according to claim 14, wherein the light in the third wavelength band is light in a near-infrared wavelength band that excites indocyanine green (0007 describes the use in applications for indocyanine green; narrow band imaging using IR region 790-820 nm, e.g. for indocyanine green on filter 5; fig 1; 0014)”.
Nara discloses for claim 21, “The medical observation system according to claim 14, wherein the second period and the third period do not overlap (0029 describes the filter configuration such that the specific wavelength band is sequentially placed in the illumination path, therefore preventing overlapping of the illumination periods)”.
Nara discloses for claim 22, “The medical observation system according to claim 14, wherein the circuitry is configured to repeatedly execute light emission in the first period, the second period and the third period at different times from each other (0029 describes the filter configuration such that the specific wavelength band is sequentially placed in the illumination path, therefore preventing overlapping of the illumination periods)”.
Nara discloses for claim 23, “The medical observation system according to claim 14, wherein the third captured image is fluorescence image (0007 describes the use in applications for indocyanine green, i.e. fluorescence; also 0014 describes the fluorescence excitation wavelengths used for illumination)”.
Modified Nara discloses for claim 26, “The medical observation system according to claim 14, wherein the circuitry is configured to execute both the first control and the second control based on the single evaluation value (Nara: 0023 describes using either imaging unit 20 or 21 for the execution of the autofocus function, or the image that has the highest contrast as the measure of the more in focus image, i.e. only one single image is used for the focus value; Takekoshi: 0074-0077 i.e. the fluorescence image brightness is adjusted based on the detected brightness detection value of the white light image; additionally, 0041 and fib 3B describes the white balance adjustment unit 302b which adjusts the brightness level of the normal image)”.
Modified Nara discloses for claim 27, “The medical observation system according to claim 1, wherein the circuitry is configured to execute both the first control and the second control based on the single evaluation value (Nara: 0023 describes using either imaging unit 20 or 21 for the execution of the autofocus function, or the image that has the highest contrast as the measure of the more in focus image, i.e. only one single image is used for the focus value; Takekoshi: 0074-0077 i.e. the fluorescence image brightness is adjusted based on the detected brightness detection value of the white light image; additionally, 0041 and fib 3B describes the white balance adjustment unit 302b which adjusts the brightness level of the normal image)”.
Claim(s) 2, 5, 6, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara and Takekoshi as applied to claim 1 above, and further in view of Cline US2005/0154319.
Nara does not disclose for claim 2, “The medical observation system according to claim 1, wherein the excitation light is light in a blue wavelength band that excites protoporphyrin”. Cline teaches in the same field of endeavor, fluorescence imaging using a blue wavelength band (0039). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Cline into the invention of Nara in order to configure the observation system e.g. as claimed because it facilitates imaging and detection of “tissues suspicious for early cancer” by utilizing spectral differences to distinguish normal from suspicious tissue (0002).
Nara does not disclose for claim 5, “The medical observation system according to claim 1, wherein the second captured image is obtained by capturing fluorescence of visible wavelength”. Cline teaches in the same field of endeavor, imaging using light in a blue wavelength band of 370 – 450 nm and a green wavelength band 470 – 570 nm (0075). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Cline into the invention of Nara in order to configure the observation system e.g. as claimed because it helps to distinguish between “changes in the signal strength that are due to pathology and those that are due to imaging geometry and shadows (0034)”.
Nara does not disclose for claim 6, “The medical observation system according to claim 5, wherein the second captured image is obtained by capturing fluorescence of red wavelength band”. Cline teaches in the same field of endeavor, imaging using light in a red wavelength band (0044, 0067). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Cline into the invention of Nara in order to configure the observation system e.g. as claimed because it helps to distinguish between “changes in the signal strength that are due to pathology and those that are due to imaging geometry and shadows (0034)”.
Nara does not disclose for claim 20, “The medical observation system according to claim 14, wherein the light in the third wavelength band is light obtained by combining light in a green wavelength band and light in a blue wavelength band”. Cline teaches in the same field of endeavor, imaging using light in a blue wavelength band of 370 – 450 nm and a green wavelength band 470 – 570 nm (0075). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Cline into the invention of Nara in order to configure the observation system e.g. as claimed because it helps to distinguish between “changes in the signal strength that are due to pathology and those that are due to imaging geometry and shadows (0034)”.
Claim(s) 9, 24, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara as applied to claim 1 above and further in view of Tesar US2013/0184591.
Nara does not disclose for claim 9, “The medical observation system according to claim 1, wherein the circuitry is configured to superimpose the second captured image on the first captured image”. Tesar teaches in the same field of endeavor, superimposing multiple video (0014) images as one of many display configurations (0095). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Tesar into the invention of Nara in order to configure the observation system e.g. as claimed because it allows viewing the same structures in multiple images at one location on a display.
Nara does not disclose for claim 24, “The medical observation system according to claim 14, wherein the circuitry is configured to generate a video signal to be displayed such that the first captured image, the second captured image and the third captured image are displayed simultaneously on one or more monitor”. Tesar teaches in the same field of endeavor, superimposing multiple video (0014) images as one of many display configurations (0095). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Tesar into the invention of Nara in order to configure the observation system e.g. as claimed because it allows viewing the same structures in multiple images at one location on a display.
Modified Nara discloses for claim 25, “The medical observation system according to claim 24, wherein the second captured image and the third captured image are superimposed on the first captured image (0095)”.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara and Tesar as applied to claim 9 above, and further in view of Witt US2015/0215614.
Nara does not disclose for claim 10, “The medical observation system according to claim 9, wherein, to superimpose the second captured image, the circuitry is configured to replace an area in first captured image with a corresponding area of the second captured image”. Witt teaches in the same field of endeavor, combining images by deleting/replacing portions of the overlapped regions (0007). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Witt into the invention of Nara in order to configure the observation system e.g. as claimed because it provides a manner to form a composite image such that the overlapped region does not interfere in the composite image.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara, Tesar, and Witt as applied to claim 10 above, and further in view of Ono US20130222562.
Nara does not disclose for claim 11, “The medical observation system according to claim 10, wherein the circuitry is further configured to, after the area in the first captured image is replaced with the corresponding area of the second captured image, change a brightness of a color that indicates fluorescence given to each of pixels in the area having the same pixel position as the first captured image in accordance with a luminance value of each of the pixel positions in the corresponding area of the second captured image”. Per the given interpretation above, Ono teaches in the same field of endeavor, correcting or normalizing the brightness of fluorescence pixels in an image based on a reference value (0139, 0141). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Ono into the invention of Nara in order to configure the observation system e.g. as claimed because it allows for images having appropriate brightness levels acceptable for viewing.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara as applied to claim 1 above, and further in view of Takaoka US2010/0268091.
Nara does not disclose for claim 12, “The medical observation system according to claim 1, the circuitry is configured to delete the second wavelength band from the second captured image, wherein the second captured image as generated by the image sensor includes the second wavelength band”. Per the given interpretation above, Takaoka teaches in the same field of endeavor, extracting and dividing from each other, i.e. deleting specific wavelength bands of fluorescence components emitted from the observation site (0003 “divides them”), this includes the excitation wavelength, i.e. the claimed second wavelength band which is an excitation wavelength band, which is also emitted from the observation site. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Takaoka into the invention of Nara in order to configure the observation system e.g. as claimed because helps to “remove noise contained in the observed fluorescence (0003)”.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Additionally, Applicant's arguments filed 9/10/2025 have been fully considered but they are not persuasive with respect to the remaining argument that the references do not teach brightness adjustment on the white light image on page 12.
It has been shown in the rejection that Takekoshi does in fact account for the brightness adjustment of the white light/normal image via the white balance adjustment unit 302b (0043).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
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 JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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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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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
12/15/2025