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 .
Information Disclosure Statement
The references cited in the PCT international search report by the EPO have been considered, but will not be listed on any patent resulting from this application because they were not provided on a separate list in compliance with 37 CFR 1.98(a)(1). In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Yao (CN 111818707) in view of Kuriyama (US 2014/0092226).
All human assisted machine translations are provided here forthwith.
Regarding claim 1, Yao discloses a method of operating an endoscopic system, providing, from an endoscopic console, light to an endoscope at a first illumination level (adjustment of the intensity of the colored light source described in paragraph [0011], see Fig. 1), receiving a first electronic image from a camera head associated with the endoscope (images are captured by the endoscope’s own camera and transmitted, paragraph [0050]), determining that a distal end of the endoscope is outside a body cavity (Step S203 described in paragraph [0051] wherein a comparison is made between a first full exposure parameter and preset exposure parameter and second exposure parameter), and reducing the light provided to the endoscope to a second illumination level lower than the first illumination level (environmental scene is classified and brightness is adjusted based on the aforementioned determination step, paragraph [0051]-[0052])
Yao teaches that there is a determination made based on image and recognition technology which subsequently affects light output, but fails to explicitly teach that such determination occurs using a plurality of exposure values. Kuriyama teaches a method of partitioning the first electronic image into a plurality of regions (division section 325, paragraph [0107]; Figure 13), and a method of calculating a value indicative of exposure for each region of the plurality of regions thereby creating a plurality of values indicative of exposure by the endoscopic console (exposure control section 32, paragraph [0108) in a modified configuration. The Examiner notes although Yao provides examples of a darker environment within a body cavity, the disclosure is not limited to this example, and instead the determination step and light adjustment is context-dependent, rather than a fixed assumption. In view of Kuriyama, 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 image partitioning based on exposure values at the distal end since it is known in the endoscope art to provide the function of automatically adjusting the intensity of illumination light (i.e., dimming function) in order to acquire an object image having a brightness appropriate for observation (paragraph [0005]) in the generic image processing function recited by Yao.
Regarding claim 10, Yao as modified discloses a method further comprising after reducing the light provided to the endoscope:
receiving, by the endoscopic console, a second electronic image from the camera head (images are captured by the endoscope’s own camera and transmitted, paragraph [0050]);
partitioning, by the endoscopic console, the second electronic image into a plurality of regions (Kuriyama: division section 325, paragraph [0107]; Figure 13);
calculating, by the endoscopic console, a second value indicative of exposure for each region of the plurality of regions of the second electronic image, thereby creating a second plurality of values indicative of exposure (Kuriyama: exposure control section 32, paragraph [0108);
determining, by the endoscopic console, that the distal end of the endoscope is within the body cavity, the determination based on the second plurality of values indicative of exposure (Step S203 described in paragraph [0051] wherein a comparison is made between a first full exposure parameter and preset exposure parameter and second exposure parameter); and
increasing, by the endoscopic console, the light provided to the endoscope to a third illumination level higher than the second illumination level (descriptions of adjustment of upper light and lower light limits in paragraphs [0064]-[0065]). The Examiner notes that by virtue of increasing illumination and lower illumination depending on context, it is implied that there are two different illumination levels. In addition, the claimed invention is an endoscope which is designed for multiple uses and making use of a second electronic image is part of the normal operation and use of the device. In view of Kuriyama, 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 image partitioning based on exposure values at the distal end since it is known in the endoscope art to provide the function of automatically adjusting the intensity of illumination light (i.e., dimming function) in order to acquire an object image having a brightness appropriate for observation (paragraph [0005]) in the generic image processing function recited by Yao.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Yao (CN 111818707) in view of Kuriyama (US 2014/0092226) in further view of Goebel et al. (US 12042130 B2).
Regarding claims 2-3, Yao teaches reducing the intensity but fails to disclose the amount of reduction, and specifically reduction to a non-zero small percentage (e.g. 1-10 %) of the maximum intensity. Since one of ordinary skill would recognize that a reduction of intensity would be somewhere between zero and below the maximum intensity, selection of an intensity level in this range that would meet the objective of safety (Yao: paragraph [0052]) would be obvious. Goebel teaches that, when dimming light from an endoscope light source to control brightness, reducing the intensity to a range between 2% and 15% of the maximum brightness is preferable as a suitable reduction in intensity (col.5, lines 4-8). Since Yao doesn’t specify any particular reduction level, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have reduced the illumination intensity to any suitable safety level, including anywhere between 2%-15%, as exemplified by Goebel, in order to provide the predictable result of reducing the illumination intensity to a safe non-operational level.
Claim(s) 11, 19, 20, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Yao et al (US 2002/0013512) in view of Kuriyama (US 2014/0092226) in further view of Kirma et al (US 9706903B2).
Regarding claim 11, Yao as modified teaches:
An endoscopic console to receive a first electronic image from the camera head through the camera port; partition the first electronic image into a plurality of regions (Kuriyama: division section 325, paragraph [0107]; Figure 13), and calculate a value indicative of exposure for each region of the plurality of regions, thereby creating a plurality of values indicative of exposure (Kuriyama: exposure control section 32, paragraph [0108); determine that a distal end of an endoscope is outside a body cavity, the determination based on the plurality of values indicative of exposure (Step S203 described in paragraph [0051] wherein a comparison is made between a first full exposure parameter and preset exposure parameter and second exposure parameter); and reduce the light provided to the light port by commanding the light source to provide light at a second illumination level lower than the first illumination level (environmental scene is classified and brightness is adjusted based on the aforementioned determination step, paragraph [0051]-[0052]). Yao as modified by Kuriyama does not teach an endoscopic console with a camera port and a light port. Banik teaches a light port accessible on an outside surface of the endoscopic console (control panel 101 of main control unit 199, see Fig. 1B), the light port configured to couple an endoscope by way of a light guide (light guide opening 113, see Fig. 1A, 1B); a camera port accessible on an outside surface of the endoscopic console (utility cable opening 119, see Fig. 1B), the camera port configured to couple to a camera head and receive electronic images created by the camera head (utility cable described to connect to one or more electrical channels that include receiving video signals from viewing elements, Col. 60, Lines 32-40); light source optically coupled to the light port (light guide connects with light guide opening 113 which will connect with light source 8328, see Fig. 2 and 83); a console controller coupled camera port and the light source, the console controller configured to: command the light source to provide light to the light port at a first illumination level (main control unit 199 in modified embodiment containing both camera and light ports, see Fig. 1B). Yao as modified discloses the device as claimed, including an endoscope with an adjustable light mechanism, but does not disclose the particulars of the control structure. However, Kirma teaches a single endoscopic console configured to control light output and visualization. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have obviously recognized that the controlling mechanism of Yao as modified would have included an endoscopic console controller as is known in the art to be suitable and sufficient for controlling different endoscopic parameters, as taught by Kirma.
Regarding claim 19, Yao as modified discloses a console controller is further configured to, after reduction of the light provided to the endoscope:
receive a second electronic image from the camera head; partition the second electronic image into a plurality of regions (images are captured by the endoscope’s own camera and transmitted, paragraph [0050]);
calculate a second value indicative of exposure for each region of the plurality of regions of the second electronic image, thereby creating a second plurality of values indicative of exposure (Kuriyama: exposure control section 32, paragraph [0108);
determine that the distal end of the endoscope is within the body cavity, the determination based on the second plurality of values indicative of exposure (Step S203 described in paragraph [0051] wherein a comparison is made between a first full exposure parameter and preset exposure parameter and second exposure parameter); and
increase the light provided to the light port to a third illumination level higher than the second illumination level (descriptions of adjustment of upper light and lower light limits in paragraphs [0064]-[0065]). The Examiner notes that by virtue of increasing illumination and lower illumination depending on context, it is implied that there are two different illumination levels. In addition, the claimed invention is an endoscope which is designed for multiple uses and making use of a second electronic image is part of the normal operation and use of the device. In view of Kuriyama, 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 image partitioning based on exposure values at the distal end since it is known in the endoscope art to provide the function of automatically adjusting the intensity of illumination light (i.e., dimming function) in order to acquire an object image having a brightness appropriate for observation (paragraph [0005]) in the generic image processing function recited by Yao.
Regarding claim 20,
Yao as modified discloses an endoscopic system comprising: A display device (Kirma: display 120, see Fig. 1): An endoscope comprising a light connector (Kirma: light sources connected to electrical cables at their distal end, Col. 75 lines 49-56) and a camera-head connector (Kirma: electrical cabling is described to be connected to printed boards connected to the cameras to a central control system, Col 111, Lines 1-2); A camera head (Kirma: head 3930 coupled to forward looking camera 39116, see Fig. 39A) coupled to the camera-head connector, the camera head configured to create electronic images; An endoscopic console defining a light port coupled to the light connector of the endoscope (electrical cables connected to the light source must be attached to the endoscopic console in this configuration, Col. 75 lines 49-56), a camera port electrically coupled to the camera head (Kirma: electrical cabling is described to be connected to printed boards connected to the cameras to a central control system, Col 111, Lines 1-2, and a light source within the endoscopic console (Kirma: illuminators 3408a, 3408b, 3408c) the endoscopic console configured to: command the light source to provide light to the light connector at a first illumination level (Banik: main control unit 199 in modified embodiment containing both camera and light ports, see Fig. 1B); receive a first electronic image from the camera head; partition the first electronic image into a plurality of regions (Kuriyama: division section 325, paragraph [0107]; Figure 13);, and calculate a value indicative of exposure for each region of the plurality of regions, thereby creating a plurality of values indicative of exposure (Kuriyama: exposure control section 32, paragraph [0108); determine that a distal end of the endoscope is outside a body cavity, the determination based on the plurality of values indicative of exposure (Step S203 described in paragraph [0051] wherein a comparison is made between a first full exposure parameter and preset exposure parameter and second exposure parameter); and reduce the light provided to the light port by commanding the light source to provide light at a second illumination level lower than the first illumination level level (environmental scene is classified and brightness is adjusted based on the aforementioned determination step, paragraph [0051]-[0052]).
Regarding claim 28, see claim 19. The Examiner notes that by virtue of increasing illumination and lower illumination depending on context, it is implied that there are two different illumination levels. In addition, the claimed invention is an endoscope which is designed for multiple uses and making use of a second electronic image is part of the normal operation and use of the device. In view of Kuriyama, 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 image partitioning based on exposure values at the distal end since it is known in the endoscope art to provide the function of automatically adjusting the intensity of illumination light (i.e., dimming function) in order to acquire an object image having a brightness appropriate for observation (paragraph [0005]) in the generic image processing function recited by Yao.
Claim(s) 12, 13, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Yao et al (CN 111818707) in view of Kuriyama (US 2014/0092226) in further view of Kirma et al (US 9706903B2) and Goebel et al. (US 12042130 B2).
Regarding claims 12-13, Yao teaches reducing the intensity but fails to disclose the amount of reduction, and specifically reduction to a non-zero small percentage (e.g. 1-10 %) of the maximum intensity. Since one of ordinary skill would recognize that a reduction of intensity would be somewhere between zero and below the maximum intensity, selection of an intensity level in this range that would meet the objective of safety (Yao: paragraph [0052]) would be obvious. Goebel teaches that, when dimming light from an endoscope light source to control brightness, reducing the intensity to a range between 2% and 15% of the maximum brightness is preferable as a suitable reduction in intensity (col.5, lines 4-8). Since Yao doesn’t specify any particular reduction level, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have reduced the illumination intensity to any suitable safety level, including anywhere between 2%-15%, as exemplified by Goebel, in order to provide the predictable result of reducing the illumination intensity to a safe non-operational level.
Regarding claims 21-22, see claims 12-13.
Allowable Subject Matter
Claim(s) 5-6, 8-9, 14-15, 17-18, 23-24 and 26-27 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Of particular importance, Sendai (US 2002/0013512) is anticipatory over all of claim 1 and discloses providing light to an endoscope at a first illumination level (white-light source 114, paragraph [0104]), receiving a first electronic image from a camera head to be partitioned (camera mentioned in Abstract), calculating a plurality of exposure values image computing portion 403, paragraph [0118]), determining that a distal end of the endoscope is outside a body cavity where the determination is based on the plurality of values indicative of exposure (paragraph [0016], see Fig 3), reducing the light provided to the endoscope to a second illumination level lower than the first illumination level (paragraph [0129-0130], [0143-1045]). Banik (US 20050119527) discloses a force feedback control system for video endoscopes. Couvillon (US 20060069313) discloses medical devices with light emitting regions. Verma (US 20210195081) discloses a method for adjusting the exposure of an endoscope.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER NGUYEN whose telephone number is (571)272-0127. The examiner can normally be reached Monday - Friday 7:30am - 5:00pm.
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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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/PETER NGUYEN/Examiner, Art Unit 3795
/JOHN P LEUBECKER/Primary Examiner, Art Unit 3795