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 .
Status of Claims
Claims 1-13 are pending and currently under consideration for patentability under 37 CFR 1.104.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been received.
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, 2, 3, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2010/0076258 to Segawa.
Regarding claim 1, Segawa discloses a capsule endoscope, comprising: an enclosure (2, Fig. 1, [0046]) the enclosure comprising an enclosure main body portion (2a, Fig. 1, [0047]) and enclosure end portions (2b, 2c, Fig. 1, [0047]); an image acquisition component (5, 8, Fig. 1, [0046]), a circuit processing component (10, Fig. 1, [0046]), an information transmission component (9, Fig. 1, [0046], [0054]), and a battery arranged within a space defined by the enclosure (12a, 12b, Fig. 1, [0046]) wherein the image acquisition component, the circuit processing component and the information transmission component are electrically connected to the battery (Fig. 1), and the circuit processing component and the battery are disposed in the space corresponding to the enclosure main body portion (12a, 12b, Fig. 1, [0046]); and a heating component ([0134])-[0135], the heating component is wound around the outer peripheral surface of the battery (Fig. 28, [0134]- [0135]).
Segawa fails to expressly teach the image acquisition component and the information transmission component are disposed in the spaces corresponding to the enclosure end portions.
However, it would've been an obvious matter of design choice to a person of ordinary skill in the art to place the image acquisition component and the information transmission component of Segawa in the spaces corresponding to the enclosure end portions because Applicant has not disclosed that such placement provides an advantage, is used for a particular purpose, or solves a problem.
Regarding claim 2, Segawa discloses a capsule endoscope, comprising: an enclosure (2, Fig. 1, [0046]), the enclosure comprising an enclosure main body portion (2a, Fig. 1, [0047]) and enclosure end portions (2b, 2c, Fig. 1, [0047]); an image acquisition component (5, 8, Fig. 1, [0046]), a circuit processing component (10, Fig. 1, [0046]), an information transmission component (9, Fig. 1, [0046], [0054]), and a battery arranged within a space defined by the enclosure (12a, 12b, Fig. 1, [0046]), wherein the image acquisition component, the circuit processing component and the information transmission component are electrically connected to the battery (Fig. 1), and the circuit processing component and the battery are disposed in the space corresponding to the enclosure main body portion (Fig. 1); at least one accommodating space is formed between the enclosure main body portion and the enclosure end portions, and the accommodating space is filled with a heat storage material (Fig. 28, [0134]- [0135]).
Segawa fails to expressly teach the image acquisition component and the information transmission component are disposed in the spaces corresponding to the enclosure end portions.
Regarding claim 3, Segawa teaches the capsule endoscope of claim 2, wherein the capsule endoscope comprises sealing partitions (25a, 25b, Fig. 10, [0082]), the sealing partitions are arranged between the enclosure main body portion and the enclosure end portions (Fig. 10), the partitions divide the internal space of the capsule endoscope into a first accommodating space, a second accommodating space, and a third accommodating space (Fig. 10), wherein the second accommodating space is located between the first accommodating space and the third accommodating space (Fig. 10), and the heat storage material filled in the first accommodating space and the third accommodating space has a specific heat capacity greater than that of the heat storage material filled in the second accommodating space, or has a phase change latent heat greater than that of the heat storage material filled in the second accommodating space ([0082]).
Regarding claim 6, Segawa teaches the capsule endoscope of claim 2, wherein the heat storage material has a specific heat capacity greater than 0.7kJ/(kg- C) or a phase change latent heat in 90kJ/kg-500kJ/kg, and a phase change temperature in 15°C-75°C ([0134]-[0135]).
Claim(s) 4, 5, 7, is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2010/0076258 to Segawa and further in view of U.S. Publication No. 2018/0064366 to Sweeney et al. (hereinafter “Sweeney”).
Regarding claim 4, Segawa discloses the capsule endoscope of claim 3.
Segawa, fails to expressly teach wherein the capsule endoscope comprises a thermal insulation layer, the thermal insulation layer is arranged in the first accommodating space and the third accommodating space near the inner wall of the capsule endoscope.
However, Sweeney teaches of a capsule endoscope (Sweeney: Fig. 2A) wherein the capsule endoscope comprises a thermal insulation layer, the thermal insulation layer is arranged in the first accommodating space and the third accommodating space near the inner wall of the capsule endoscope (Sweeney: 250, Fig. 8, [0082]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Segawa, to utilize a thermal insulation layer in the manner as taught by Sweeney. It would have been advantageous to make the combination for the purpose of providing insulation ([0082] of Sweeney).
Regarding claim 5, Segawa discloses the capsule endoscope of claim 4, wherein the capsule endoscope further comprises a thermally conductive plate, the heat storage materials in the first accommodating space, the second accommodating space and the third accommodating space are connected via the thermally conductive plate (Fig. 10, [0135]).
Regarding claim 7, Segawa teaches the capsule endoscope of claim 1.
Segawa fails to expressly teach wherein the enclosure main body portion of the capsule endoscope is provided with a thermal insulation layer, the thermal insulation layer is attached to the inner wall of the enclosure, protruding towards the circuit processing component, or embedded in the enclosure main body portion and flush with the inner wall surface of the enclosure main body portion.
However, Sweeney further teaches wherein the enclosure main body portion of the capsule endoscope is provided with a thermal insulation layer, the thermal insulation layer is attached to the inner wall of the enclosure, protruding towards the circuit processing component, or embedded in the enclosure main body portion and flush with the inner wall surface of the enclosure main body portion (250, Fig. 8, [0082]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Segawa to utilize a thermal insulation layer in the manner as taught by Sweeney. It would have been advantageous to make the combination for the purpose of providing insulation ([0082] of Sweeney).
Claim(s) 8, 9, 10, 11, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2010/0076258 to Segawa and further in view of JP 2013215481 A to Minae.
Regarding claim 8, Segawa teaches an adjusting method for the capsule endoscope of any of claim 1.
Segawa fails to expressly teach an adjusting method comprising: Step Sl, monitoring output power of the battery of the capsule endoscope; Step S2, heating the battery by the heating component when the output power is less than a threshold; Step S3, stopping heating by the heating component when the output power is greater than the threshold.
However, Minae teaches of an analogous method comprising: Step Sl, monitoring output power of the battery of the capsule endoscope (Minae: pages 1-5); Step S2, heating the battery by the heating component when the output power is less than a threshold (Minae: pages 1-5); Step S3, stopping heating by the heating component when the output power is greater than the threshold (Minae: pages 1-5).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Segawa, to utilize the adjusting method as taught by Minae. It would have been advantageous to make the combination for the purpose preventing wasteful power consumption (page 1 of Minae).
Regarding claim 9, Segawa, and Minae, teaches the adjusting method of claim 8, and Segawa further teaches wherein before use of the capsule endoscope, the heat storage material in the capsule endoscope absorbs and stores heat (Fig. 28, [0134]- [0135]).
Regarding claim 10, Segawa an adjusting method for the capsule endoscope of claim 2.
Segawa fails to expressly teach an adjusting method, comprising: Step Sl, monitoring output power of the battery of the capsule endoscope; Step S2, heating the battery by the heating component when the output power is less than a threshold; wherein, if the output power remains less than the threshold after 5s-30s of heating, the heating component stops heating; Step S3, stopping heating by the heating component when the output power is greater than the threshold.
However, Minae teaches of an analogous adjusting method comprising: Step Sl, monitoring output power of the battery of the capsule endoscope (Minae: pages 1-5); Step S2, heating the battery by the heating component when the output power is less than a threshold; wherein, if the output power remains less than the threshold after 5s-30s of heating, the heating component stops heating(Minae: pages 1-5).; Step S3, stopping heating by the heating component when the output power is greater than the threshold(Minae: pages 1-5).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Segawa to utilize the adjusting method as taught by Minae. It would have been advantageous to make the combination for the purpose preventing wasteful power consumption (page 1 of Minae).
Regarding claim 11, Segawa teaches the capsule endoscope of claim 2,
Segawa fails to expressly teach wherein the enclosure main body portion of the capsule endoscope is provided with a thermal insulation layer, the thermal insulation layer is attached to the inner wall of the enclosure, protruding towards the circuit processing component, or embedded in the enclosure main body portion and flush with the inner wall surface of the enclosure main body portion.
However, Sweeney teaches of a capsule endoscope (Fig. 2A) wherein the enclosure main body portion of the capsule endoscope is provided with a thermal insulation layer, the thermal insulation layer is attached to the inner wall of the enclosure, protruding towards the circuit processing component, or embedded in the enclosure main body portion and flush with the inner wall surface of the enclosure main body portion (250, Fig. 8, [0082]).
Regarding claim 12, Segawa teaches an adjusting method for the capsule endoscope of claim 2.
Segawa fails to expressly teach comprising: Step S1, monitoring output power of the battery of the capsule endoscope; Step S2, heating the battery by the heating component when the output power is less than a threshold; Step S3, stopping heating by the heating component when the output power is greater than the threshold.
However, Minae teaches of an analogous method including a method comprising: Step S1, monitoring output power of the battery of the capsule endoscope; Step S2, heating the battery by the heating component when the output power is less than a threshold; Step S3, stopping heating by the heating component when the output power is greater than the threshold (Minae: pages 1-5).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Segawa, to utilize the adjusting method as taught by Minae. It would have been advantageous to make the combination for the purpose preventing wasteful power consumption (page 1 of Minae).
Regarding claim 13, Segawa teaches of an adjusting method for the capsule endoscope of claim 2, but Segawa fails to expressly teach comprising: Step S1, monitoring output power of the battery of the capsule endoscope;Step S2, heating the battery by the heating component when the output power is less than a threshold; wherein, if the output power remains less than the threshold after 5s-30s of heating, the heating component stops heating;Step S3, stopping heating by the heating component when the output power is greater than the threshold.
However, Minae teaches of an analogous adjusting method comprising: Step S1, monitoring output power of the battery of the capsule endoscope (Minae: pages 1-5); Step S2, heating the battery by the heating component when the output power is less than a threshold; wherein, if the output power remains less than the threshold after 5s-30s of heating, the heating component stops heating (Minae: pages 1-5); Step S3, stopping heating by the heating component when the output power is greater than the threshold (Minae: pages 1-5).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Segawa to utilize the adjusting method as taught by Minae. It would have been advantageous to make the combination for the purpose preventing wasteful power consumption (page 1 of Minae).
Conclusion
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795