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 .
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.
Claims 1 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US Pub 2016/0007839 -cited by applicant) in view of Shizukuishi (US Pub 2010/0188491 -cited by applicant).
Re claim 1: Yoshida discloses an imaging apparatus comprising:
a tube used with at least one end side disposed inside or on the outside surface of a target object [0033, 0035, 0107; see the endoscope 5 or guidewire];
at least one light emitting part disposed in the tube [0033, 0037; see the optical fiber or illuminator 12;
a driver connected to the light emitting part and configured to alternatingly switch between emission and non- emission of light from the light emitting part [0037, 0043; see illuminating device 6 which switches between emission and non-emission];
a camera that takes an image of the target object [0037; see the imager 13];
a controller that is connected to each of the camera and the driver, controls the operation of the driver, and generates a display image using the image obtained from the camera; and a display that is connected to the controller and displays the display image [0039; see controller 16 that controls the light source device, the illuminating device, the imaging element, and the image processor];
wherein the controller generates a light position image which corresponds to the light from the light emitting part using a different image obtained by calculating the difference between a first image obtained from the camera correlated with the time of the light emission from the light emitting part and a second image obtained from the camera correlated with the time of the light non- emission from the light emitting part, and generates the display image by converting the light position image into a visible color and overlaying it onto an exterior image of the target object captured by the camera while the object is illuminated by environmental light [0043-0045; see the image-acquisition switch 14 wherein a first frame is subtracted from a second frame and wherein a generated marker M is combined with a third frame as a composite image G4; image G3 corresponds to an exterior image which is exposed to environmental illumination, while image G1 is subtracted from G2 to create the ‘light position image’ and which displays as visible colors based on the processing (i.e. a ‘converting’) of the signals as indicated at 0066, 0088].
Yoshida discloses all features except: that the camera has plural pixel portions, wherein the plurality of pixel portions of the camera each include a photoelectric conversion element, a first electric charge storage part, a second electric charge storage part, and an electric charge distribution circuit configured to distribute and store electric charges generated by the photoelectric conversion element to either the first electric charge storage part or the second electric charge storage part, wherein the electric charge distribution circuit causes electric charges generated by the photoelectric conversion element to be stored in the first electric charge storage part in correlation with the time of light emission from the light emitting part, and causes electric charges generated by the photoelectric conversion element to be stored in the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, wherein an electric charge storage operation to the first electric charge storage part in correlation with the time of light emission from the light emitting part, and an electric charge storage operation to the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, are alternately repeated a plurality of times, wherein the first image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the first electric charge storage part a plurality of times, and wherein the second image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the second electric charge storage part a plurality of times.
However, Shizukuishi teaches the camera has plural pixel portions, wherein the plurality of pixel portions of the camera each include a photoelectric conversion element, a first electric charge storage part, a second electric charge storage part, and an electric charge distribution circuit configured to distribute and store electric charges generated by the photoelectric conversion element to either the first electric charge storage part or the second electric charge storage part, wherein the electric charge distribution circuit causes electric charges generated by the photoelectric conversion element to be stored in the first electric charge storage part in correlation with the time of light emission from the light emitting part, and causes electric charges generated by the photoelectric conversion element to be stored in the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, wherein an electric charge storage operation to the first electric charge storage part in correlation with the time of light emission from the light emitting part, and an electric charge storage operation to the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, are alternately repeated a plurality of times, wherein the first image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the first electric charge storage part a plurality of times, and wherein the second image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the second electric charge storage part a plurality of times [0010, 0033, 0034, 0036, 0173, 0187; see the imaging device 10 with plural pixel portions 100 with photodiode that functions as a photoelectric conversion portion 11 and two charge storage portions formed in each pixel portion along with distribution circuitry including transistors to distribute and store the electric charges, wherein a write pulse is applied to the write control gate as a charge generated by the conversion portion is injected into the floating gate, and wherein the electric charge distribution circuit distributes charge based on a particular elapsed time and the repeated storage in the two charge storage portions, which is then read out as an imaging signal; in particular, the emissions correspond to plural kinds of light that includes those from emission and non-emission]. It would have been obvious to the skilled artisan to modify Yoshida, to incorporate the pixel portions and electric charge storage and distribution as taught by Shizukuishi, in order to facilitate the light emission control and increase diagnosis accuracy.
Re claims 5, 6: Yoshida disclose all features except wherein the electric charge distribution circuit distributes electric charges to the first electric charge storage part or the second electric charge storage part corresponding to the switching according to the predetermined modulation frequency by the driver; or wherein, after the light emitting part switches from the light emission to the light non-emission, the electric charge distribution circuit distributes electric charges generated by the photoelectric conversion element to the first electric charge storage part until a certain period of time has elapsed, and distributes electric charges generated by the photoelectric conversion element to the second electric charge storage part after the certain period of time has elapsed.
However, Shizukuishi teaches the electric charge distribution circuit distributes electric charges to the first electric charge storage part or the second electric charge storage part corresponding to the switching according to the predetermined modulation frequency by the driver; or wherein, after the light emitting part switches from the light emission to the light non-emission, the electric charge distribution circuit distributes electric charges generated by the photoelectric conversion element to the first electric charge storage part until a certain period of time has elapsed, and distributes electric charges generated by the photoelectric conversion element to the second electric charge storage part after the certain period of time has elapsed [0033, 0034, 0036; see the photodiode that functions as a photoelectric conversion portion 11 and two charge storage portions formed in each pixel portion, wherein a write pulse is applied to the write control gate as a charge generated by the conversion portion is injected into the floating gate, wherein the electric charges are distributed according the predetermined modulation frequency, and wherein the electric charge distribution circuit distributes charge based on a particular elapsed time]. It would have been obvious to the skilled artisan to modify Yoshida, to incorporate the pixel portions and electric charge storage and distribution as taught by Shizukuishi, in order to facilitate the light emission control and increase diagnosis accuracy.
Re claim 7: While Yoshida and Shizukuishi do not specifically teach that the modulation frequency is set in a range of 1 kHz or more and 100 MHz or less, it would have been obvious to set the frequency in this range through routine experimentation to achieve predictable results.
Re claim 8: Yoshida discloses the light emitting part is a light emitting element connected to the driver via a signal line (figure 1; see driver connected to the endoscope 5 which has the emitting part with a signal line).
Re claim 9: Yoshida discloses the target object is a human body, and wherein the light emitted from the light emitting part has a wavelength that can pass through the human body (Abstract, 0034, 0057; see the target human body, wherein the wavelength can pass through the body).
Re claim 10: Yoshida discloses the tube is a catheter in which at least the one end side is disposed inside the human body [0107; see that the tube is a catheter].
Claims 2, 3, and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US Pub 2016/0007839 -cited by applicant) and Shizukuishi (US Pub 2010/0188491 -cited by applicant), in view of Baba et al (US Pub 2017/0065492 -cited by applicant).
Re claims 2, 3: Yoshida discloses an imaging apparatus comprising:
a tube used with at least one end side disposed inside or on the outside surface of a target object [0033, 0035, 0107; see the endoscope 5 or guidewire];
at least one light emitting part disposed in the tube [0033, 0037; see the optical fiber or illuminator 12;
a driver connected to the light emitting part and configured to alternatingly switch between emission and non- emission of light from the light emitting part [0037, 0043; see illuminating device 6 which switches between emission and non-emission];
a camera that takes an image of the target object [0037; see the imager 13];
a controller that is connected to each of the camera and the driver, controls the operation of the driver, and generates a display image using the image obtained from the camera; and a display that is connected to the controller and displays the display image [0039; see controller 16 that controls the light source device, the illuminating device, the imaging element, and the image processor];
wherein the controller generates a light position image which corresponds to the light from the light emitting part using a different image obtained by calculating the difference between a first image obtained from the camera correlated with the time of the light emission from the light emitting part and a second image obtained from the camera correlated with the time of the light non- emission from the light emitting part, and generates the display image by converting the light position image into a visible color and overlaying it onto an exterior image of the target object captured by the camera while the object is illuminated by environmental light [0043-0045; see the image-acquisition switch 14 wherein a first frame is subtracted from a second frame and wherein a generated marker M is combined with a third frame as a composite image G4; image G3 corresponds to an exterior image which is exposed to environmental illumination, while image G1 is subtracted from G2 to create the ‘light position image’ and which displays as visible colors based on the processing (i.e. a ‘converting’) of the signals as indicated at 0066, 0088].
Yoshida discloses all features except: that the camera has plural pixel portions, wherein the plurality of pixel portions of the camera each include a photoelectric conversion element, a first electric charge storage part, a second electric charge storage part, and an electric charge distribution circuit configured to distribute and store electric charges generated by the photoelectric conversion element to either the first electric charge storage part or the second electric charge storage part, wherein the electric charge distribution circuit causes electric charges generated by the photoelectric conversion element to be stored in the first electric charge storage part in correlation with the time of light emission from the light emitting part, and causes electric charges generated by the photoelectric conversion element to be stored in the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, wherein an electric charge storage operation to the first electric charge storage part in correlation with the time of light emission from the light emitting part, and an electric charge storage operation to the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, are alternately repeated a plurality of times, wherein the first image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the first electric charge storage part a plurality of times, and wherein the second image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the second electric charge storage part a plurality of times.
However, Shizukuishi teaches the camera has plural pixel portions, wherein the plurality of pixel portions of the camera each include a photoelectric conversion element, a first electric charge storage part, a second electric charge storage part, and an electric charge distribution circuit configured to distribute and store electric charges generated by the photoelectric conversion element to either the first electric charge storage part or the second electric charge storage part, wherein the electric charge distribution circuit causes electric charges generated by the photoelectric conversion element to be stored in the first electric charge storage part in correlation with the time of light emission from the light emitting part, and causes electric charges generated by the photoelectric conversion element to be stored in the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, wherein an electric charge storage operation to the first electric charge storage part in correlation with the time of light emission from the light emitting part, and an electric charge storage operation to the second electric charge storage part in correlation with the time of non-emission of light from the light emitting part, are alternately repeated a plurality of times, wherein the first image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the first electric charge storage part a plurality of times, and wherein the second image is an image obtained based on electric charges resulting from repeatedly performing the electric charge storage operation to the second electric charge storage part a plurality of times [0010, 0033, 0034, 0036, 0173, 0187; see the imaging device 10 with plural pixel portions 100 with photodiode that functions as a photoelectric conversion portion 11 and two charge storage portions formed in each pixel portion along with distribution circuitry including transistors to distribute and store the electric charges, wherein a write pulse is applied to the write control gate as a charge generated by the conversion portion is injected into the floating gate, and wherein the electric charge distribution circuit distributes charge based on a particular elapsed time and the repeated storage in the two charge storage portions, which is then read out as an imaging signal; in particular, the emissions correspond to plural kinds of light that includes those from emission and non-emission]. It would have been obvious to the skilled artisan to modify Yoshida, to incorporate the pixel portions and electric charge storage and distribution as taught by Shizukuishi, in order to facilitate the light emission control and increase diagnosis accuracy.
Yoshida/Shizukuishi disclose all features except for a stylet inserted in the tube with the emitting part disposed in the stylet or in the tube and stylet. However, Baba teaches a medical tube set including a stylet inserted in the tube with the emitting part disposed in the stylet or in the tube and stylet [0026, 0036; see the stylet 15 inserted into tube body 11 and see the optical fiber that emits light]. It would have been obvious to the skilled artisan to modify Yoshida/Shizukuishi, to incorporate a stylet as taught by Baba, as such is a well known structure to facilitate insertion.
Re claims 11, 12, 14, 15: Yoshida (with Baba) disclose all features except wherein the electric charge distribution circuit distributes electric charges to the first electric charge storage part or the second electric charge storage part corresponding to the switching according to the predetermined modulation frequency by the driver; or wherein, after the light emitting part switches from the light emission to the light non-emission, the electric charge distribution circuit distributes electric charges generated by the photoelectric conversion element to the first electric charge storage part until a certain period of time has elapsed, and distributes electric charges generated by the photoelectric conversion element to the second electric charge storage part after the certain period of time has elapsed.
However, Shizukuishi teaches the electric charge distribution circuit distributes electric charges to the first electric charge storage part or the second electric charge storage part corresponding to the switching according to the predetermined modulation frequency by the driver; or wherein, after the light emitting part switches from the light emission to the light non-emission, the electric charge distribution circuit distributes electric charges generated by the photoelectric conversion element to the first electric charge storage part until a certain period of time has elapsed, and distributes electric charges generated by the photoelectric conversion element to the second electric charge storage part after the certain period of time has elapsed [0033, 0034, 0036; see the photodiode that functions as a photoelectric conversion portion 11 and two charge storage portions formed in each pixel portion, wherein a write pulse is applied to the write control gate as a charge generated by the conversion portion is injected into the floating gate, wherein the electric charges are distributed according the predetermined modulation frequency, and wherein the electric charge distribution circuit distributes charge based on a particular elapsed time]. It would have been obvious to the skilled artisan to modify Yoshida (with Baba), to incorporate the pixel portions and electric charge storage and distribution as taught by Shizukuishi, in order to facilitate the light emission control and increase diagnosis accuracy.
Re claim 13: While Yoshida/Shizukuishi/Baba do not specifically teach that the modulation frequency is set in a range of 1 kHz or more and 100 MHz or less, it would have been obvious to set the frequency in this range through routine experimentation to achieve predictable results.
Re claims 16, 17: Yoshida discloses the target object is a human body, and wherein the light emitted from the light emitting part has a wavelength that can pass through the human body (Abstract, 0034, 0057; see the target human body, wherein the wavelength can pass through the body).
Response to Arguments
Applicant's arguments filed 9/18/26 have been fully considered but they are not persuasive. In regard to claims 1-3, Applicant argues that Yoshida does not disclose converting the light position image into a visible color image and overlaying it onto an exterior image of the target. Respectfully, the Examiner disagrees and finds that Yoshida discloses subtracting image G1 from image G2. The result is a ‘light position image’ that is displayed with visible colors that are based on the processing (i.e. a ‘converting’) of the signals as indicated at 0066, 0088. Applicant then states that Baba nor Shizukuishi disclose the camera with pixel portions (i.e. the conversion element, electric storage parts, distribution circuit). However, Shizukuishi teaches these features which were previously set forth in now-canceled claim 4. It is noted that while Applicant asserts that the structure allows for the electric charges in the first and second storage parts to be averaged, such averaging is not a claimed limitation. This feature may constitute a limitation that obviates the current rejection, if positively set forth as a limitation.
The prior specification objection is withdrawn due to amendment.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHAEL T ROZANSKI whose telephone number is (571)272-1648. The examiner can normally be reached Mon - Fri 8:00-4:00.
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/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797
