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 .
Specification
The disclosure is objected to because of the following informalities: In the opening paragraph, the priority information should be set forth.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida (US Pub 2016/0007839 -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 switches emission and non- emission of light from the light emitting part [0037, 0043; see illuminating device 6];
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 based on 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 overlaying the light position image in a visible color on an exterior image of the target object obtained from the camera [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].
Re claim 8: 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: 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: 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].
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US Pub 2016/0007839 -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 switches emission and non- emission of light from the light emitting part [0037, 0043; see illuminating device 6];
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 based on 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 overlaying the light position image in a visible color on an exterior image of the target object obtained from the camera [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].
Yoshida discloses 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, to incorporate a stylet as taught by Baba, as such is a well known structure to facilitate insertion.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US Pub 2016/0007839 -cited by applicant), as applied to claim 1, in view of Shizukuishi (US Pub 2010/0188491 -cited by applicant).
Re claims 4-6: Yoshida disclose all features except that the camera includes a plurality of pixel portions, wherein each of the plurality of pixel portions includes a photoelectric conversion element, a first electric charge storage part, a second electric charge storage part, and an electric charge distribution circuit which causes to distribute and store electric charges generated by the photoelectric conversion element to the first electric charge storage part or the second electric charge storage part, wherein the electric charge distribution circuit causes the first electric charge storage part to store electric charges generated by the photoelectric conversion element in correspondence with the light emission from the light emitting part, and causes the second electric charge storage part to store electric charges generated by the photoelectric conversion element in correspondence with the light non-emission from the light emitting part, and wherein the controller obtains the first image based on the electric charges stored in the first electric charge storage part of each of the plurality of pixel portions, and obtains the second image based on the electric charges stored in the second electric charge storage part of each of the plurality of pixel portions; wherein the driver switches the light emission and the light non-emission from the light emitting part according to a predetermined modulation frequency, 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, and wherein, after the electric charges are distributed by the electric charge distribution circuit a plurality of times, the controller obtains the first image based on the electric charges of the first electric charge storage part and obtains the second image based on the electric charges of the second electric charge storage part; 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 of an imaging device wherein the camera includes a plurality of pixel portions, wherein each of the plurality of pixel portions includes a photoelectric conversion element, a first electric charge storage part, a second electric charge storage part, and an electric charge distribution circuit which causes to distribute and store electric charges generated by the photoelectric conversion element to the first electric charge storage part or the second electric charge storage part, wherein the electric charge distribution circuit causes the first electric charge storage part to store electric charges generated by the photoelectric conversion element in correspondence with the light emission from the light emitting part, and causes the second electric charge storage part to store electric charges generated by the photoelectric conversion element in correspondence with the light non-emission from the light emitting part, and wherein the controller obtains the first image based on the electric charges stored in the first electric charge storage part of each of the plurality of pixel portions, and obtains the second image based on the electric charges stored in the second electric charge storage part of each of the plurality of pixel portions; wherein the driver switches the light emission and the light non-emission from the light emitting part according to a predetermined modulation frequency, 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, and wherein, after the electric charges are distributed by the electric charge distribution circuit a plurality of times, the controller obtains the first image based on the electric charges of the first electric charge storage part and obtains the second image based on the electric charges of the second electric charge storage part; 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 as taught by Shizukuishi, in order to facilitate the light emission control.
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.
Conclusion
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
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