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 .
Response to Amendment
The amendment filed on 05/22/2026 has been entered. Claims 1-2, 4-9, 11-13 are pending. Claims 3, 10 are cancelled.
Claim Rejections - 35 USC § 112
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.
Claim 4 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “wherein the second treatment tool is the first treatment tool.”
When the second treatment tool becomes the first treatment tool, it would be unclear regarding how the “difference” would be calculated in claim 1 which makes claim 4 unclear.
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.
Claim(s) 1-2, 4-9, 11-13 is/are rejected under 35 U.S.C. 102 as being anticipated by Inoue (US 20200113419).
Regarding claim 1, Inoue discloses endoscope system comprising:
an endoscope (endoscope 3; FIG. 1);
a robot arm (motorized arm 5; FIG. 1) that is configured to move the endoscope; and
a controller (control unit 6; Para [0019]-[0021]) that is configured to control the endoscope and the robot arm, wherein the controller is configured to:
receive a plurality of image acquired by the endoscope (FIG. 5; para [0022]),
calculate a first orientation of a first treatment tool in a first image of the plurality images (treatment-tool 4 coordinate calculation; step – S6, FIG. 5; para [0040]; One of the two treatment tools 4, may be considered as the first treatment tool),
calculate a second orientation of a second treatment tool in a second image of the plurality of images (treatment-tool 4 (the other of the treatment tool 4 ) coordinate calculation; FIG. 5; Images of the two tools are used to obtain the outlines, longitudinal axis, direction of the tools; para [0038]-[0040];), which is the image received a predetermined time before the first image (The second image is acquired at different time by the endoscope at different time. Para [0007]), the second treatment tool being a follow target in the second image (treatment tool 4 is a follow target. Para [0023]);
calculate a difference in orientation between the first orientation and the second orientation, determine whether the first treatment tool by comparing the difference in orientation with a threshold value (Based on a calculated distance, judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041]) and
in response to determining that the first treatment tool is a follow target, generate a command for the robot arm for making the endoscope follow the first treatment tool (A treatment-tool motion detecting unit 12 detects motion of the treatment tool 4 that has been judged as being a follow target; a drive control unit (control unit) 13 controls the motorized arm 5 so as to cause the field of view of the endoscope 3 to follow the detected motion; Para [0023]).
Regarding claim 2, Inoue discloses wherein the controller is further configured to, in response to determining that the first treatment tool is not a follow target, generate a command for the robot arm for making the endoscope stop following the first treatment tool (Since one of the treatment tools 4, is considered as follow target, another tool is not followed as the target. ).
Regarding claim 4, Inoue discloses wherein the second treatment tool is the first treatment tool (As seen from FIG. 1, one treatment tool can be considered for the process and process can follow the steps for one tool).
Regarding claim 5, Inoue discloses wherein the controller is further configured to: calculate a first position of the first treatment tool the first image (treatment-tool 4 coordinate calculation; FIG. 5; para [0040]), calculate a second position of the second treatment tool in the second image (treatment-tool 4 coordinate calculation; FIG. 5; para [0040]), calculate a difference in position between the first position and the second position (Based on a calculated distance, judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041]), and
determine whether the first treatment tool is a follow target by comparing the difference in orientation with the threshold value and the difference in position with a further threshold value (Based on a calculated distance, judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041]; When determining a follow target, a threshold distance is used to compare values.).
Regarding claim 6, Inoue discloses wherein the second treatment tool is the first treatment tool (As seen from FIG. 1, one treatment tool can be considered for the process and process can follow the steps for one tool. Also see rejection under 112(b) above).
Regarding claim 7, Inoue discloses wherein the first orientation is an angle formed between a reference axis in the image and the first treatment tool (The axis and tool coordinate is determined from the image, FIG. 5).
Regarding claim 8, Inoue discloses wherein the first orientation is a vector in a longitudinal direction of the first treatment tool in the image (FIG. 3C; A longitudinal direction of the tool, FIGS. 3C, 3D can be used as orientation of the tool).
Regarding claim 9, Inoue discloses an endoscope system comprising:
an endoscope (endoscope 3; FIG. 1);
a robot arm (motorized arm 5; FIG. 1) that is configured to move the endoscope; and
a controller (control unit 6; Para [0019]-[0021]) that is configured to control the endoscope and the robot arm, wherein the controller is configured to:
receive an image acquired by the endoscope (FIG. 5), calculate an orientation of a treatment tool in the image (treatment-tool 4 coordinate calculation; FIG. 5; para [0040]),
obtain a position of a pivot point of the treatment tool (Note the positions P, Q in FIG. 3D), calculate a position of a proximal end of the treatment tool (treatment-tool 4 coordinate calculation; FIG. 5; para [0040]),
calculate a first vector parallel to a first line passing through the position of the proximal end of the treatment tool and a given position on the treatment tool (FIG. 3D; Positions P, Q may be considered as a pivot point; Pivot point is not defined; Note the vector defined between P and distal end of the tool.),
calculate a second vector parallel to a second line passing through the position of the pivot point and the given position (FIG. 3D; Positions P, Q may be considered as a pivot point; Pivot point is not defined; Note the vector defined between Q and distal end of the tool.),
determine whether the treatment tool is a follow target by comparing an angle between the first vector and the second vector with a predetermined threshold value (The follow up is based on the distance and angle (which would provide a vector), FIGS. 3D, 5; Judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041), and
in response to determining that the first treatment tool is a follow target, generate a command for the robot arm for making the endoscope follow the first treatment tool (A treatment-tool motion detecting unit 12 detects motion of the treatment tool 4 that has been judged as being a follow target; a drive control unit (control unit) 13 controls the motorized arm 5 so as to cause the field of view of the endoscope 3 to follow the detected motion; Para [0023]).
Regarding claim 11, Inoue discloses an endoscope system (endoscope 3; FIG. 1) comprising:
an endoscope (endoscope 3; FIG. 1);
a robot arm (motorized arm 5; FIG. 1) that is configured to move the endoscope; and
a controller (control unit 6; Para [0019]-[0021]) that is configured to control the endoscope and the robot arm, wherein the controller is configured to:
receive an image (FIG. 5; para [0022] ) acquired by the endoscope, calculate an orientation of a treatment tool in the image (treatment-tool 4 coordinate calculation; step – S6, FIG. 5; para [0040]; One of the two treatment tools 4, may be considered as the first treatment tool),
obtain a pivot point of the treatment tool (P, Q can be considered as the pivot points. FIG. 3D),
determine whether the treatment tool in the image is a follow target (treatment tool 4 is a follow target. Para [0023]), based on a relationship between the orientation and the pivot point (Based on a calculated distance, judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041]; In determining distance, the pivot point is automatically used. ), and in response to determining that the treatment tool in the image is a follow target, generate a command for the robot arm to cause the endoscope to follow the treatment tool (A treatment-tool motion detecting unit 12 detects motion of the treatment tool 4 that has been judged as being a follow target; a drive control unit (control unit) 13 controls the motorized arm 5 so as to cause the field of view of the endoscope 3 to follow the detected motion; Para [0023]).
Regarding claim 12, Inoue discloses an endoscope wherein the relationship is an angle between a first vector representing the orientation and a second vector connecting the pivot point and the treatment tool (FIG. 3D; the relationship is based on the vector and line direction of the outline of the tools. FIG. 3D).
Regarding claim 13, Inoue discloses an endoscope wherein the controller is configured to: extract, as candidates for the follow target (A treatment-tool motion detecting unit 12 detects motion of the treatment tool 4 that has been judged as being a follow target; ), one or more treatment tools for which an angle based on the orientation and the pivot point is equal to or less than a predetermined threshold (P, Q can be considered as the pivot points. FIG. 3D; Based on a calculated distance, judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041]; Distance is based on the pivot point.); and
identify the follow target by excluding, from the candidates, a treatment tool for which an angle between the orientation and another pivot point corresponding to a treatment tool other than the follow target is equal to or less than a threshold (P, Q can be considered as the pivot points. FIG. 3D; Based on a calculated distance, judgment unit 11 determines that a corresponding treatment tool 4 is a follow-target treatment tool 4 (judgment step S7). FIG. 5; Para [0041]; Distance is based on the pivot point. For example, in FIG. 4, one of the treatment tools 4 is excluded and another tool 4 is made the follow target. This happens automatically when the first tool 4 is selected as a target).
Response to Arguments
Applicant’s arguments submitted on 05/22/2026 have been fully considered. However, the arguments are not persuasive.
The applicant has amended the claim to broaden the scope of claim 1 because the instant claim now eliminates the condition of “determining that the endoscope follows the movement of the first treatment tool.”
Accordingly, claims 1, 9, has been rejected under 102. See rejection set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 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
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
7/1/26
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