The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
DETAILED ACTION
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Capsule Endoscope and Temperature Control Method Therefor.
Claim Objections
Claim 10 is objected to because of the following informalities: typographical error “endoscope. wherein" in Line 1 should recite --endoscope, wherein--. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 6, 9, and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 2 recites the limitation "a circuit processing component" in Line 2. It is unclear as to whether this refers to a circuit processing component” in Claim 1 Line 2. The inclusion of the second “circuit processing component” introduced ambiguity as to how many circuit processing components are claimed and prevents a person having ordinary skill in the art from determining the scope of the claim.
Claim 6 recites the limitation "the intestinal tract " in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "a circuit processing component" in Line 2. It is unclear as to whether this refers to a circuit processing component” in Claim 1 Line 2. The inclusion of the second “circuit processing component” introduced ambiguity as to how many circuit processing components are claimed and prevents a person having ordinary skill in the art from determining the scope of the claim.
Claim 10 recites the limitation "the capsule endoscope" in Line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the temperature" in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the heat-generating component " in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the measured temperature signals " in Line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rezaie et al. (U.S. Publication 2023/0147752, hereinafter “Rezaie”).
As to Claim 1, Rezaie discloses a capsule endoscope (100) in [0126] and [0135] as shown in Figs. 1A, 2 and 64-66 wherein capsule endoscope and catheter tube are interchangeable or equivalent structures, comprising a temperature sensing element (6612) in [0235], a heat-generating component “one or more LEDs” in [0236], and a circuit processing component (6402) in [0235], wherein the temperature sensing element is used for measuring the temperature of the heat-generating component inside the capsule endoscope, the temperature signals measured by the temperature sensing element are transmitted to the circuit processing component, which controls the heat-generating component of the capsule endoscope to switch between a normal working mode wherein “coolant air flow may not be provided or provided at a low flow rate” in [0236] and a temperature control mode wherein “coolant air flow may be increased to be greater than the low flow rate” in [0236] based on the measured temperature signals.
As to Claim 2, Rezaie discloses the capsule endoscope of claim 1, wherein the heat-generating component comprises an image acquisition component and/or a circuit processing component (6402) in [0235].
As to Claim 3, Rezaie discloses the capsule endoscope of claim 1, wherein when the capsule is located in a stomach “digestive system” in [0176] and the temperature of the heat-generating component is above a first threshold “first lower threshold” in [0236], the heat-generating component enters a first temperature control mode, and when the temperature of the heat-generating component is equal to or below a second threshold “second higher threshold” in [0236], the heat-generating component is switched to the normal working mode.
As to Claim 4, Rezaie discloses the capsule endoscope of claim 3, wherein if the temperature of the heat-generating component remains above the second threshold after continuously operating in the first temperature control mode for a first specific time (a time being arbitrarily defined), the heat-generating component enters a third temperature control mode wherein “electrical power may not be provided to the LEDs” and wherein coolant flow is not continued in [0236], and when the temperature of the heat-generating component is equal to or below the second threshold, the heat-generating component is switched to the normal working mode.
As to Claim 5, Rezaie discloses the capsule endoscope of claim 4, wherein the first specific time is 30s-60s (the time required for temperature to reach above the second threshold merely being a function of operating temperature and variable during normal operation).
As to Claim 6, Rezaie discloses the capsule endoscope of claim 1, wherein when the capsule is located in the intestinal tract “gastrointestinal tract” in [0177] and the temperature of the heat-generating component is above a first threshold “first lower threshold” in [0236], the heat-generating component enters a second temperature control mode, and when the temperature of the heat-generating component is equal to or below a second threshold “second higher threshold” in [0236], the heat- generating component is switched to the normal working mode.
As to Claim 7, Rezaie discloses the capsule endoscope of claim 6, wherein if the temperature of the heat-generating component remains above the second threshold after continuously operating in the first temperature control mode for a second specific time (a time being arbitrarily defined), the heat-generating component enters a fourth temperature control mode wherein “electrical power may not be provided to the LEDs” and wherein coolant flow is continued in [0236], and when the temperature of the heat-generating component is equal to or below the second threshold, the heat-generating component is switched to the normal working mode.
As to Claim 8, Rezaie discloses the capsule endoscope of claim 7, wherein the second specific time is 1min-10min (the time required for temperature to reach above the second threshold merely being a function of operating temperature and variable during normal operation).
As to Claim 9, Rezaie discloses the capsule endoscope of claim 2, wherein the capsule endoscope comprises a battery component (120) in [0175], an image acquisition component, and a circuit processing component, wherein the battery component is positioned between the image acquisition component and the circuit processing component.
As to Claim 10, Rezaie discloses a control method for the capsule endoscope (100) in [0126] and [0135] as shown in Figs. 1A, 2 and 64-66 wherein capsule endoscope and catheter tube are interchangeable or equivalent structures. wherein the capsule endoscope measures the temperature of the heat-generating component “one or more LEDs” in [0236] in real-time and controls the heat-generating component to switch between a normal working mode wherein “coolant air flow may not be provided or provided at a low flow rate” in [0236] and a temperature control mode wherein “coolant air flow may be increased to be greater than the low flow rate” in [0236] based on the measured temperature signals.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the enclosed 892 form. 20190239732 is cited to show similar temperature control means. The prior art should be considered to define the claims over the art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM B CHOU whose telephone number is (571) 270-3367. The examiner can normally be reached on M-F 9 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached on (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOU/
Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795