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 1-19 are pending and are currently under consideration for patentability under 37 CFR 1.104.
Claim Objections
Claim 12 is objected to because of the following informalities: on line 14, change “the both” to “both”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an orientation detection unit” in claims 8 and 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7, 11, 15, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 7, 11, and 19, the limitation “the shutter is rectangular” is not disclosed in the specification with respect to the inner and outer zones (recited in independent claims 1 and 12). Although the specification recites the shutter can be rectangular ([0064]), the specification does not disclose how the inner and outer zones would work with respect to a rectangular shutter. Therefore, these claims fail to comply with the written description.
Regarding claim 15, the limitation “fluoresced and generated in the greater depth of field mode….not fluoresced and generated in the greater image quality mode is not disclosed in the specification. The specification discloses the inner zone and outer zone are open when the fluorescent light is emitted, and the inner zone is opened and the outer zone is closed when white light is emitted ([0059]). The greater depth of field mode has the inner zone open and the outer zone closed, while the greater image quality mode has both the inner and outer zones opened ([0053]). The specification discloses the opposite of what is claimed in claims 14-15. Therefore, claims 14-15 fail to comply with the written description requirement.
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) 1-4, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi (US 5,954,634), in view of Hinkel (US 9,749,532).
Regarding claim 1, Igarashi discloses an imaging device (1, figure 1) for obtaining an image of an interior of a body of a patient (see figure 1; endoscopes, abstract), the imaging device comprising: a lens assembly (35, figure 9) for focusing light; a shutter (26, figure 9); an image sensor (10, figure 9) for capturing an image from the lens assembly, the shutter controlling the light transmitted to the image sensor (see figures 8-9 | see light blocking part 29, figures 8); and a controller (31, figure 9) including a data processing hardware (see arrows from 30 to 31, which contains a circuit, figure 9). Igarashi is silent regarding the shutter formed of a plurality of pixels; the controller including a memory hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations; and wherein the controller is configured to actuate the plurality of pixels of the shutter to define a plurality of zones, the plurality of zones including an inner zone and an outer zone, the outer zone disposed on an outer periphery of the inner zone, each of the plurality of zones configured to be opened and closed, wherein the controller further actuates the shutter so as to open and close the inner zone and outer zone so as to control an amount of light from the lens assembly onto the image sensor, wherein the inner zone and the outer zone is opened to provide a maximum amount of light and the outer zone is closed and the inner zone is open to reduce the amount of light.
Hinkel teaches a device with a shutter and an aperture (100, figure 1), where the aperture can be controlled by the shutter by increasing or decreasing the size of the aperture from blades (Col. 3, lines 53-66). The shutter may be an electronic shutter, such as a liquid-crystal display, instead of a mechanical shutter (Col. 11, lines 58-64). The device comprises an internal memory and is under the control of a processor, and the image capture device may be equipped with the processor to provide computing functionality to a user (Col. 32, lines 54-67 and Col. 33, lines 1-19). The shutter can have an aperture that changes in size, where the aperture can change from a wide aperture (102, figure 1) to a narrow aperture (104, figure 1). The aperture may also alternate between a first state (206, figure 2) with a second state (208, figure 2). The apertures can change states (i.e., size, form, degree of rotation, etc.) (Col. 6, lines 39-51).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Igarashi with the internal memory (Col. 32, lines 54-67 and Col. 33, lines 1-19), processor (Col. 32, lines 54-67 and Col. 33, lines 1-19), and shutter (see figures 1-2) as taught by Hinkel. Doing so would allow the sharpness of objects in an image (Col. 3, lines 58-60). The modified device would have the shutter formed of a plurality of pixels (shutter…liquid crystal display; Col. 11, lines 58-64); the controller including a memory hardware (internal memory; Col. 32, lines 54-67 and Col. 33, lines 1-19), the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations (memory…under the control of a processor; Col. 32, lines 54-67 and Col. 33, lines 1-19); and wherein the controller is configured to actuate the plurality of pixels of the shutter (shutter…liquid crystal display; Col. 11, lines 58-64) to define a plurality of zones (see shutter/zones on the periphery and the middle/center, 206 and 208, figure 2), the plurality of zones including an inner zone (see shutter in the middle, 206 and 208, figure 2) and an outer zone (see shutter on the periphery of 206 and 208, figure 2), the outer zone disposed on an outer periphery of the inner zone (see 206 and 208, figure 2), each of the plurality of zones configured to be opened and closed (see 206 vs. 208, figure 2 | see change in size of aperture, figure 1), wherein the controller further actuates the shutter so as to open and close the inner zone and outer zone (operations…control of one or more computer systems; Col. 38, lines 1-10) so as to control an amount of light from the lens assembly onto the image sensor (see figures 1 and 206-208, figure 2), wherein the inner zone and the outer zone is opened to provide a maximum amount of light (see 102, figure 1 and 206-208, figure 2) and the outer zone is closed and the inner zone is open to reduce the amount of light (see 206-208, figure 2).
Regarding claim 2, Hinkel further teaches the shutter includes a first half and a second half (see 206-208, figure 2), and the plurality of zones further includes a first zone and a second zone (see 206-208, figure 2), the first zone is disposed on the first half of the shutter and the second zone is disposed on the second half of the shutter (see 206-208, figure 2).
Regarding claim 3, Hinkel further teaches the first half is symmetrical to the second half (see 206-208, figure 2).
Regarding claim 4, Hinkel further teaches an input for selecting between one of a greater depth of field mode (smaller aperture…greater depth of field; Col. 6, lines 3-4) and a greater image quality mode (wide aperture…angles than the narrow aperture to reach the image recording component; Col. 4, lines 1-4), the controller processing a selection of the greater depth of field mode to open the inner zone and close the outer zone and processing a selection of the greater image quality mode to open both the inner zone and outer zone (operations…control of one or more computer systems; Col. 38, lines 1-10 | input device…Col. 36, lines 29-31).
Regarding claim 7, Hinkel further teaches the shutter is rectangular (see 112a rejection above | an aperture may be of nearly any shape; Col. 4, lines 33-35, see examples in figure 2 of Hinkel).
Regarding claim 10, Hinkel further teaches each zone in the plurality of zones is wedge-shaped and arranged to form a circle (see inner and outer zones in 206-208, figure 2; Hinkel | interpreted wedge-shape to mean one end is narrower than the other end).
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi (US 5,954,634) and Hinkel (US 9,749,532) as applied to claim 4 above, and further in view of Takasugi (US 2009/0118578).
Regarding claim 5, Igarashi and Hinkel disclose all of the features in the current invention as shown above in claim 4. They are silent regarding a light source configured to provide a white light and an excitation light configured to generate a fluorescent light, wherein the controller is further configured to combine a white light image frame using one of the greater depth of field mode and the greater image quality mode and a fluorescent light image frame using the other of the greater depth of field mode and the greater image quality mode.
Takasugi teaches an endoscope apparatus (figure 1) capable of normal light observation and fluorescence observation ([0070]). The light source section (21, figure 1) emits normal light ([0085]), and excitation light in the blue illumination light ([0087]). An image pickup device supports an electronic shutter function is used ([0071]). For fluorescence image pickup, a solid state image pickup device capable of capturing weak in vivo fluorescence is used ([0071]; [0171]). A fluorescence image is obtained using a fluorescence transmitting filter (13, figure 1). A display can display a quasi-normal light image, which is an image created as a normal image by inputting a fluorescence image, in difference situations (see figures 19, 21, and 23-25).
It would have been obvious to modify the device of Igarashi and Hinkel with normal light and fluorescence observation ([0070]), display a quasi-normal image ([0144]), and to capture weak in vivo fluorescence ([0071]) as taught by Takasugi. Doing so would enable discovery of abnormal regions in an observation site ([0002]). The modified device would have a light source (21, figure 1; Takasugi) configured to provide a white light (RGB…illumination lights [0077]) and an excitation light (excitation light…[0087]) configured to generate a fluorescent light (fluorescence…[0087]), wherein the controller is further configured to combine a white light image frame using one of the greater depth of field mode (normal light image pickup…electronic shutter function; [0071]; Takasugi | smaller aperture…greater depth of field; Col. 6, lines 3-4; Hinkel) and the greater image quality mode and a fluorescent light image frame (quasi-normal image [0144]) using the other of the greater depth of field mode and the greater image quality mode (the modified device would have the inner and outer zones open during fluorescence observation to be able to capture weak in vivo fluorescence [0071]; Takasugi | wide aperture…angles than the narrow aperture to reach the image recording component; Col. 4, lines 1-4; Hinkel).
Regarding claim 6, Hinkel and Takasugi further teach the controller is configured to automatically open the inner zone and the outer zone when the excitation light is emitted (the modified device would have the inner and outer zones open during fluorescence observation to be able to capture weak in vivo fluorescence [0071]; Takasugi) and automatically open the inner zone and close the outer zone when white light is emitted (normal light image pickup…electronic shutter function; [0071] | smaller aperture…greater depth of field; Col. 6, lines 3-4; Hinkel).
Claim(s) 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi (US 5,954,634) and Hinkel (US 9,749,532) as applied to claim 1 above, and further in view of McDowall (US 10,365,554).
Regarding claim 8, Igarashi and Hinkel disclose all of the features in the current invention as shown above in claim 1. They are silent regarding an orientation detection unit configured to determine an orientation of the imaging device, the controller configured to process the orientation to open and close a pair of zones in an alternating manner, wherein the pair of zones correspond to the orientation.
McDowall teaches a stereoscopic endoscope with at least one image sensor (abstract). A processing device determines the orientation of the image sensors/apertures (abstract). The endoscope can automatically correct the camera aperture position even when the endoscope is oriented at different angles during a surgery (Col. 5, lines 65-67 and Col. 6, lines 1-2).
It would have been obvious to modify the device of Igarashi and Hinkel with the processing device (abstract) as taught by McDowall. Doing so would adjust the location of the aperture location in response to movement of the endoscope (abstract). The modified device would have an orientation detection unit (this element is interpreted under 35 USC 112f as any orientation detection unit currently known or later developed, i.e., gyroscope | processing device; abstract) configured to determine an orientation of the imaging device (orientation…; abstract), the controller configured to process the orientation to open and close a pair of zones in an alternating manner (see 206-208, figure 2; Hinkel | Col. 10, lines 9-17; McDowall), wherein the pair of zones correspond to the orientation (Col. 10, lines 9-17; McDowall).
Regarding claim 9, Hinkel and McDowall further teach the memory hardware (internal memory; Col. 32, lines 54-67 and Col. 33, lines 1-19; Hinkel | memory; Col. 21, lines 22-24; McDowall) further stores a desired orientation (reference orientation; abstract; McDowall), the controller configured to process the orientation to open and close the pair of zones in the plurality of zones in an alternating manner (see 206-208, figure 2; Hinkel | Col. 10, lines 9-17; McDowall), wherein the pair of zones correspond to the desired orientation (Col. 10, lines 9-17; McDowall).
Regarding claim 11, Hinkel further teaches the shutter is rectangular (see 112a rejection above | an aperture may be of nearly any shape; Col. 4, lines 33-35, see examples in figure 2 of Hinkel), and the plurality of zones is a pair of zones (see pairs of zones in the shutter of 206 vs. 208, figure 2; Hinkel | specifically, see which zones or open vs. closed), each of the pair of zones includes an inner zone and an outer zone disposed on a periphery of the inner zone (see inner and outer zones in 206 vs. 208, figure 2), the controller configured to selectively open and close the outer zone and the inner zone to change a depth of field (smaller aperture…greater depth of field; Col. 6, lines 3-4).
Claim(s) 12-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi (US 5,954,634), in view of Hinkel (US 9,749,532) and Takasugi (US 2009/0118578).
Regarding claim 12, Igarashi discloses an imaging system (see figure 1) for obtaining an image of an interior of a body of a patient (see figure 1; endoscopes, abstract), the imaging system comprising: an imaging device (see 1, figure 1) including a lens assembly (35, figure 9), a shutter (26, figure 9) and an image sensor (10, figure 9), the lens assembly for focusing light (see 35, figure 9), and the image sensor configured to capture an image from the lens assembly (see figure 9), and a controller (31, figure 9) including a data processing hardware (see arrows from 30 to 31, which contains a circuit, figure 9). Igarashi is silent regarding a light source configured to transmit a white light and an excitation light; the shutter being formed of a plurality of pixels which are selectively opened and closed to define an inner zone and an outer zone, the outer zone disposed on the periphery of the inner zone, the inner zone and the outer zone including a left portion and a right portion, wherein the shutter is configured to control the amount of light transmitted to the image sensor; an input for selecting between one of a greater depth of field mode and a greater image quality mode, wherein in the greater depth of field mode the inner zone in one of the left portion and right portion is opened and the outer zone is closed, and wherein the inner zone in the left portion and right portion are opened and closed in an alternating manner so as to generate a left and a right image, and in the greater image quality mode the both the inner zone and the outer zone are opened in an alternating manner so as to generate a left image and a right image; the controller including a memory hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations to include processing the input to actuate the shutter in the greater depth of field mode and the greater image quality mode upon selection of the greater depth of field mode and the greater image quality mode and combine an image frame generated in the greater depth of field mode with an image frame generated in the greater image quality mode during one of a white light operation and fluorescent light operation.
Hinkel teaches a device with a shutter and an aperture (100, figure 1), where the aperture can be controlled by the shutter by increasing or decreasing the size of the aperture from blades (Col. 3, lines 53-66). The shutter may be an electronic shutter, such as a liquid-crystal display, instead of a mechanical shutter (Col. 11, lines 58-64). The device comprises an internal memory and is under the control of a processor, and the image capture device may be equipped with the processor to provide computing functionality to a user (Col. 32, lines 54-67 and Col. 33, lines 1-19). The shutter can have an aperture that changes in size, where the aperture can change from a wide aperture (102, figure 1) to a narrow aperture (104, figure 1). The aperture may also alternate between a first state (206, figure 2) with a second state (208, figure 2). The apertures can change states (i.e., size, form, degree of rotation, etc.) (Col. 6, lines 39-51).
Takasugi teaches an endoscope apparatus (figure 1) capable of normal light observation and fluorescence observation ([0070]). The light source section (21, figure 1) emits normal light ([0085]), and excitation light in the blue illumination light ([0087]). An image pickup device supports an electronic shutter function is used ([0071]). For fluorescence image pickup, a solid state image pickup device capable of capturing weak in vivo fluorescence is used ([0071]; [0171]). A fluorescence image is obtained using a fluorescence transmitting filter (13, figure 1). A display can display a quasi-normal light image, which is an image created as a normal image by inputting a fluorescence image, in difference situations (see figures 19, 21, and 23-25).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the device of Igarashi with the internal memory (Col. 32, lines 54-67 and Col. 33, lines 1-19), processor (Col. 32, lines 54-67 and Col. 33, lines 1-19), and shutter (see figures 1-2) as taught by Hinkel. Doing so would allow the sharpness of objects in an image (Col. 3, lines 58-60). It also would have been obvious to modify the device of Igarashi and Hinkel with normal light and fluorescence observation ([0070]), display a quasi-normal image ([0144]), and to capture weak in vivo fluorescence ([0071]) as taught by Takasugi. Doing so would enable discovery of abnormal regions in an observation site ([0002]). The modified system would have a light source (21, figure 1; Takasugi) configured to transmit a white light (RGB…illumination lights [0077]) and an excitation light (excitation light…[0087]; Takasugi); the shutter being formed of a plurality of pixels (shutter…liquid crystal display; Col. 11, lines 58-64; Hinkel) which are selectively opened and closed to define an inner zone and an outer zone (see shutter/zones on the periphery and the middle/center, see shutter in 206 and 208, figure 2; Hinkel), the outer zone disposed on the periphery of the inner zone (see shutter in 206 and 208, figure 2), the inner zone and the outer zone including a left portion and a right portion (see 206 vs. 208, figure 2), wherein the shutter is configured to control the amount of light transmitted to the image sensor (see figures 1 and 206-208, figure 2); an input for selecting (operations…control of one or more computer systems; Col. 38, lines 1-10 | input device…Col. 36, lines 29-31) between one of a greater depth of field mode (smaller aperture…greater depth of field; Col. 6, lines 3-4) and a greater image quality mode (wide aperture…angles than the narrow aperture to reach the image recording component; Col. 4, lines 1-4), wherein in the greater depth of field mode the inner zone in one of the left portion and right portion is opened and the outer zone is closed (smaller aperture…greater depth of field; Col. 6, lines 3-4), and wherein the inner zone in the left portion and right portion are opened and closed in an alternating manner so as to generate a left and a right image (206-208, figure 2), and in the greater image quality mode the both the inner zone and the outer zone are opened (wide aperture…angles than the narrow aperture to reach the image recording component; Col. 4, lines 1-4 | interpreted the inner and outer zones to be opened to create a wide aperture) in an alternating manner so as to generate a left image and a right image (see switching sides for 206 vs. 208, figure 2); the controller including a memory hardware (internal memory; Col. 32, lines 54-67 and Col. 33, lines 1-19), the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations (internal memory; Col. 32, lines 54-67 and Col. 33, lines 1-19) to include processing the input to actuate the shutter in the greater depth of field mode and the greater image quality mode upon selection of the greater depth of field mode and the greater image quality mode (operations…control of one or more computer systems; Col. 38, lines 1-10; Hinkel) and combine an image frame generated in the greater depth of field mode with an image frame generated in the greater image quality mode during one of a white light operation and fluorescent light operation (quasi-normal image [0144]; Takasugi).
Regarding claim 13, Hinkel and Takasugi further teach the controller is configured to automatically open the inner zone and the outer zone when the excitation light is emitted (the modified device would have the inner and outer zones open during fluorescence observation to be able to capture weak in vivo fluorescence [0071]; Takasugi) and automatically open the inner zone and close the outer zone when white light is emitted (normal light image pickup…electronic shutter function; [0071] | smaller aperture…greater depth of field; Col. 6, lines 3-4; Hinkel).
Regarding claim 14, Takasugi further teaches the controller is configured to combine a first portion of a surgical scene (quasi-normal image [0144]; Takasugi) generated during the greater depth of field mode under the white light operation (normal light image pickup…electronic shutter function; [0071]; Takasugi | smaller aperture…greater depth of field; Col. 6, lines 3-4; Hinkel) with a second portion of the surgical scene generated during the greater image quality mode under the fluorescent light operation (the modified device would have the inner and outer zones open during fluorescence observation to be able to capture weak in vivo fluorescence [0071]; Takasugi | wide aperture…angles than the narrow aperture to reach the image recording component; Col. 4, lines 1-4; Hinkel), the first portion being a different image than the second portion ([0144]; Takasugi | interpreted the white light image to be a different image than the fluorescent light image).
Regarding claim 15, Takasugi further teaches the controller is configured to combine the image frame generated in a greater depth of field mode with the image frame generated in the greater image quality mode (quasi-normal image [0144]; Takasugi) wherein the portions of a surgical scene that is fluoresced and generated in the greater depth of field mode is combined with portions of the surgical scene that is not fluoresced and generated in the greater image quality mode (see 112a rejection above | synthesizes a normal light image and a fluorescence image [0079] | interpreted portions of each image to be combined together).
Regarding claim 19, Hinkel further teaches the shutter is rectangular (see 112a rejection above | an aperture may be of nearly any shape; Col. 4, lines 33-35, see examples in figure 2 of Hinkel).
Claim(s) 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi (US 5,954,634) and Hinkel (US 9,749,532) and Takasugi (US 2009/0118578) as applied to claim 12 above, and further in view of McDowall (US 10,365,554).
Regarding claim 16, Igarashi and Hinkel and Takasugi disclose all of the features in the current invention as shown above in claim 12. They are silent regarding an orientation detection unit configured to determine an orientation of the imaging device, the controller configured to process the orientation to open and close a pair of zones in an alternating manner, wherein the pair of zones correspond to the orientation.
McDowall teaches a stereoscopic endoscope with at least one image sensor (abstract). A processing device determines the orientation of the image sensors/apertures (abstract). The endoscope can automatically correct the camera aperture position even when the endoscope is oriented at different angles during a surgery (Col. 5, lines 65-67 and Col. 6, lines 1-2).
It would have been obvious to modify the device of Igarashi and Hinkel with the processing device (abstract) as taught by McDowall. Doing so would adjust the location of the aperture location in response to movement of the endoscope (abstract). The modified device would have an orientation detection unit (this element is interpreted under 35 USC 112f as any orientation detection unit currently known or later developed, i.e., gyroscope | processing device; abstract) configured to determine an orientation of the imaging device (orientation…; abstract), the controller configured to process the orientation to open and close a pair of zones in an alternating manner (see 206-208, figure 2; Hinkel | Col. 10, lines 9-17; McDowall), wherein the pair of zones correspond to the orientation (Col. 10, lines 9-17; McDowall).
Regarding claim 17, Hinkel and McDowall further teach the memory hardware (internal memory; Col. 32, lines 54-67 and Col. 33, lines 1-19; Hinkel | memory; Col. 21, lines 22-24; McDowall) further stores a desired orientation (reference orientation; abstract of McDowall), the controller configured to process the orientation to open and close a pair of zones in an alternating manner (see 206-208, figure 2; Hinkel | Col. 10, lines 9-17; McDowall), wherein the pair of zones correspond to the desired orientation (Col. 10, lines 9-17; McDowall).
Regarding claim 18, Hinkel further teaches the inner zone and the outer zone includes a plurality of zones (see shutters and zones in 206 and 208, figure 2; Hinkel) each of which are wedge-shaped (see each shape that makes up the zone in 206 and 208, figure 2) and the inner zone and the outer zone are arranged to form a circle (see inner and outer zones in 206-208, figure 2; Hinkel).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Feingold (US 2024/0196077).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
February 7, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795