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 .
Election
Applicants’ election of claims 1-14, 16, without traverse, is acknowledged and made final. Claims 15 is withdrawn from further consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/31/2025, 07/16/2024, is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102 as being anticipated by Kimishima (WO 2020121654).
Regarding claim 1, Kimishima discloses medical imaging system (FIGS. 1, 3, 21) comprising:
a medical imaging device (FIGS. 1, 3) including an assignable button (assignable button 110C; FIG. 2) to which execution of a selected function is assignable and configured to image an operative field during surgery to generate a surgical video signal (Focus is adjusted, set to wide); and
a control device (CCU 5153; FIG. 22) configured to control the medical imaging device, wherein the control device includes one or more processors (Image processing unit 5175 is a processor; memory unit 31; FIG. 21) and one or more storage devices storing a program, and the processor executes the program to,
calculate a plurality of AF evaluation values (Arbitrary operation function assigned to each button correspond to AF evaluation values. AF evaluation values has not been defined in the claim. ) on a basis of the surgical video signal output from the medical imaging device (Data used is video signal; FIG. 19), calculate focus lens moving positions corresponding to respective AF evaluation values on a basis of the plurality of calculated AF evaluation values, and set at least two of the calculated focus lens moving positions for the assignable button (Single AF is a mode in which autofocus works when the shutter button 110S is pressed halfway, and once focus is achieved, focus is fixed there. Control unit moves the zoom lens and focus lens via a drive based on the information indicating magnification and focus of the image are specified. This indicates that the moving positions are stored and set corresponding to the positions where lens is required for auto focusing.).
Regarding claim 2, Kimishima discloses wherein the medical imaging device includes one or a plurality of the assignable buttons (assignable button 110C; shutter 110S; FIG. 2).
Regarding claim 3, Kimishima discloses wherein, in a case where the medical imaging device includes a plurality of the assignable buttons, the processor sets at least one of the focus lenses moving positions (Single AF is a mode in which autofocus works when the shutter button 110S is pressed halfway, and once focus is achieved, focus is fixed there.) for each of the assignable buttons.
Regarding claim 4, Kimishima discloses wherein, in a case where the medical imaging device includes one of the assignable buttons (The assignable button setting unit 56 has a function of setting the operation function of the assignable buttons 110C and 120C according to the setting operation of the user.), the processor sets at least two or more of the focus lenses moving positions for the assignable button (Autofocus operation by 110S; assignable button 110C for tracking operation).
Regarding claim 5, Kimishima discloses wherein, in a case where the assignable button is operated, the processor moves a focus lens included in the medical imaging device to the focus lens moving position set for the operated assignable button (Single AF is a mode in which autofocus works when the shutter button 110S is pressed halfway, and once focus is achieved, focus is fixed there).
Regarding claim 6, Kimishima discloses wherein the processor calculates the plurality of AF evaluation values on a basis of a parameter of a surgical image obtained from the surgical video signal, and calculates the focus lens moving positions corresponding to a plurality of contrast maximum values on a basis of the plurality of calculated AF evaluation values (Single AF is a mode in which autofocus works when the shutter button 110S is pressed halfway, and once focus is achieved, focus is fixed there. Image sensor 12 is used to perform an operation for AF control such a contrast detection method, or a hybrid AF method. This requires calculation of contrast values between the images to determine the focus.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7-8, 11-12, 14, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimishima (WO 2020121654) in view of Abe (US 20100194966).
Regarding claim 7, Kimishima does not expressly disclose wherein the processor sets a plurality of AF evaluation frames on the surgical image, calculates an AF evaluation value of each of the plurality of set AF evaluation frames, and calculates the focus lens moving position corresponding to a contrast maximum value for each of the AF evaluation frames on a basis of the calculated AF evaluation value.
Abe is directed to interchangeable lens camera system (abstract) and teaches wherein the processor sets a plurality of AF evaluation frames on the surgical image, calculates an AF evaluation value of each of the plurality of set AF evaluation frames (Autofocus function is calculated using contrasts of a video signal; Setting an in-focus position to be a contrast peak position where the contrast becomes the highest; para [0001], [0082]; Autofocus is calculated for different frames 31, 32a, 32b, 33a and 33b.), and calculates the focus lens moving position corresponding to a contrast maximum value for each of the AF evaluation frames on a basis of the calculated AF evaluation value (Lens is moved to a focused position. The best position is determined as having best contrast; FIG. 4; Para [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kimishima to include contrast measurements in accordance with the teaching of Abe so that best a focus position could be determined for viewing.
Regarding claim 8, Kimishima does not expressly disclose wherein the plurality of AF evaluation frames includes a central frame set at a central portion on the surgical image and a peripheral frame set around the central portion, and the processor calculates an AF evaluation value of each of the central frame and the peripheral frame, calculates the focus lens moving position corresponding to a contrast maximum value of the central frame and the focus lens moving position corresponding to a contrast maximum value of the peripheral frame on a basis of the calculated AF evaluation value.
Abe is directed to interchangeable lens camera system (abstract) and teaches wherein the plurality of AF evaluation frames includes a central frame set at a central portion on the surgical image and a peripheral frame set around the central portion, and the processor calculates an AF evaluation value of each of the central frame and the peripheral frame (Autofocus function is calculated using contrasts of a video signal; setting an in-focus position to be a contrast peak position where the contrast becomes the highest; The best position is determined as having best contrast; FIG.4; para [0001], [0082]), calculates the focus lens moving position corresponding to a contrast maximum value of the central frame and the focus lens moving position corresponding to a contrast maximum value of the peripheral frame on a basis of the calculated AF evaluation value (AF frames 31, 32a, 32b, 33a and 33b displayed on the LCD monitor 121; para [0069] [0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kimishima to include contrast measurements in accordance with the teaching of Abe so that best focus positions could be determined for viewing.
Regarding claim 11, Kimishima as modified teaches wherein, in a case where a near side focus lens moving position and a far side focus lens moving position are calculated as the focus lens moving positions corresponding to the plurality of AF evaluation values, the processor sets the near side focus lens moving position and the far side focus lens moving position for the assignable button (Abe: Intended use when the autofocus is determined for different positions. AF frames 31, 32a, 32b, 33a and 33b that are displayed on the LCD monitor 121; para [0069]).
Regarding claim 12, Kimishima, as modified, teaches wherein, in a case where the focus lens moving position is calculated from a near side to a far side, the processor sets the focus lens moving position for the assignable button such that the focus lens moves from the near side to the far side (Abe: Intended use when the autofocus is determined for different positions and approached from different direction. AF frames 31, 32a, 32b, 33a and 33b that are displayed on the LCD monitor 121; para [0069]).
Regarding claim 14, Kimishima discloses a light source device (A light source device 5157 is connected to the endoscope 5115.).
Kimishima does not disclose including a light emitting unit capable of irradiating a surgical region with first wavelength light and second wavelength light, wherein the processor calculates an AF evaluation value of each of a first region irradiated with the first wavelength light and a second region irradiated with the second wavelength light, and calculates the focus lens moving position corresponding to each of the first region and the second region on a basis of the calculated AF evaluation value.
Abe is directed to interchangeable lens camera system (abstract) and teaches including a light emitting unit capable of irradiating a surgical region with first wavelength light and second wavelength light, wherein the processor calculates an AF evaluation value of each of a first region irradiated with the first wavelength light and a second region irradiated with the second wavelength light (A group of cameras of different types with different evaluated autofocus frequencies are combined; abstract; autofocus is evaluated for each of the frequencies. FIG. 4; Para [0071]), and calculates the focus lens moving position corresponding to each of the first region and the second region on a basis of the calculated AF evaluation value (The best position is determined as having best contrast; FIG.4; para [0001], [0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kimishima to include contrast measurements in accordance with the teaching of Abe with different frequencies so that best focus and clarity positions could be determined for viewing.
Regarding claim 16, Kimishima discloses a program for causing a computer to function as a control device configured to image an operative field during surgery to generate a surgical video signal (Data used is video signal; FIG. 19); and set at least two of the calculated focus lenses moving positions for the assignable button (Auto focus operation by 110S and assignable button 110C for tracking operation.).
Kimishima does not expressly disclose a program for causing a computer to function as a control device configured to,
calculate a plurality of AF evaluation values on a basis of the surgical video signal output from a medical imaging device including an assignable button to which execution of a selected function is assignable and configured to,
image an operative field during surgery to generate a surgical video signal,
calculate focus lens moving positions corresponding to respective AF evaluation values on a basis of the plurality of calculated AF evaluation values.
Abe teaches a program (FIG. 1) for causing a computer to function as a control device configured to calculate a plurality of AF evaluation values on a basis of the surgical video signal output (Autofocus function is calculated using contrasts of a video signal; Setting an in-focus position to be a contrast peak position where the contrast becomes the highest; para [0001], [0082]; Autofocus is calculated for different frames 31, 32a, 32b, 33a and 33b; FIG. 1, 4) from a medical imaging device including an assignable button to which execution of a selected function is assignable (This feature is not positively claimed. The autofocus function and program could be used with an assignable button. ) and configured to image an operative field during surgery to generate a surgical video signal (The camera body includes an imaging device to output a video signal representing subject's image and a second computing section for measuring the contrast of the image based on its own predetermined evaluated AF frequency during the focusing operation and calculating a correction value; abstract),
calculate focus lens moving positions corresponding to respective AF evaluation values on a basis of the plurality of calculated AF evaluation values (Lens is moved to a focused position. The best position is determined as having best contrast; FIG. 4; Para [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kimishima to include contrast measurements in accordance with the teaching of Abe so that best focus positions could be determined for viewing.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimishima (WO 2020121654) in view of Pini (US 20200319085).
Regarding claim 13, Kimishima does not expressly disclose wherein the processor extracts a plurality of marking regions visually marked by biomarkers as AF target regions from a surgical image obtained from the surgical video signal, sets a plurality of AF evaluation frames including the extracted marking regions, calculates an AF evaluation value for each of the set AF evaluation frames, and calculates the focus lens moving position for each of the AF evaluation frames on a basis of the calculated AF evaluation value.
Pini is directed to Biosensing platform (abstract) and teaches wherein the processor extracts a plurality of marking regions visually marked by biomarkers as AF target regions from a surgical image obtained from the surgical video signal, sets a plurality of AF evaluation frames including the extracted marking regions, calculates an AF evaluation value for each of the set AF evaluation frames, and calculates the focus lens moving position for each of the AF evaluation frames on a basis of the calculated AF evaluation value (Spectrally resolved the scattering signal of each individual nanoparticle, an autofocus system and an optical system adapted to collect the scattered signal of the biosensor's surface onto the optical detector; FIG. 1; abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kimishima to include biomarkers as AF target regions in accordance with the teaching of Pini so that biomarkers could be tracked by autofocus.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimishima (WO 2020121654) in view of Abe (US 20100194966) and further in view of Shintani (US 20100091175).
Regarding claim 9, Kimishima does not expressly disclose wherein the processor moves the focus lens to a default focus lens position corresponding to a contrast maximum value of the central frame when first moving the focus lens.
Shintani is directed to a camera system (abstract) and teaches wherein the processor moves the focus lens to a default focus lens position corresponding to a contrast maximum value of the central frame when first moving the focus lens (AF method is automatically selected by the camera body by selecting the function for a default position; Para [0182]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Kimishima to have a default focus position so that user could be provided to a focus position by default.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimishima (WO 2020121654) in view of Abe (US 20100194966) and further in view of Shintani (US 20100091175) and Chino (US 20150237254).
Regarding claim 10, Kimishima does not expressly disclose wherein the processor moves the focus lens to a default focus lens position corresponding to a contrast maximum value of the central frame when first moving the focus lens.
Chino is directed to an image pickup apparatus (abstract) and teaches wherein the processor moves the focus lens to a default focus lens position corresponding to a contrast maximum value of the central frame when first moving the focus lens (Wobble control of the lens is provided for proper focusing; para [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Kimishima to include wobble control in accordance with the teaching of Chino so that proper focusing could be achieved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 04/24/2026
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