DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-19 are pending.
Response to Arguments
Applicant argues that “Kamon does not disclose realizing output of a treatment name based on identification results from two separate images, as in claim 1.” See Remarks at 10.
Applicant’s argument has been fully considered but it is not persuasive.
Contrary to Applicant’s argument, Kamon teaches realizing output of a treatment name based on identification results from two separate images. See, e.g., [0095] (“The first detection information assigning unit 204E determines whether the first detection unit 204C has detected the medicine and/or equipment from a target image (each image constituting a plurality of images …”); [0102] (“However, in Aspect 2, detection information is assigned by comparing each image (target image) included in the plurality of images for medical use displayed in a list with the image (comparison image) which is a plurality of frame images constituting a video and from which the medicine and/or equipment is detected.”); [0063] (“The image captured in step S108 may be a static image or a video …”).
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.
Claims 1-5 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamon (EP 3679853 A1, 2020-07-15)
Regarding claims 1-5 and 14-16, as discussed above (Response to Arguments incorporated by reference herein), Kamon teaches a medical assistance device (e.g., 10, [0028], Fig. 1) comprising: a processor (e.g., 200, [0028], Figs. 1, 2) configured to: acquire a plurality of endoscopic images acquired by capturing images in time series by an endoscope (e.g., S108, [0042], [0063], [0064], Fig. 7); identify, based on a first endoscopic image of the plurality of endoscopic images, a type of a first treatment tool included in the first endoscopic image (e.g., S112, [0065], Fig. 7); identify a type of a second treatment tool included in a second endoscopic image of the plurality of endoscopic images or a first internal aspect included in the second endoscopic image (e.g., S114, [0065], Fig. 7); and output information indicating a treatment name that is related to a first identification result and a second identification result, the first identification result being a result of identifying the type of the first treatment tool, the second identification result being a result of identifying the type of the second treatment tool or the first internal aspect (e.g., [0079], Fig. 12A) (as recited in claim 1); wherein the second endoscopic image is an image acquired after the first endoscopic image by the endoscope (e.g., [0065]) (as recited in claim 1); wherein the processor is configured to identify, based on the first identification result and the second endoscopic image, the first internal aspect (e.g., [0063]-[0065], Fig. 7 and associated text) (as recited in claim 2); wherein the processor is configured to, in a case where the type of the first treatment tool is not identified in a plurality of frames after the type of the first treatment tool is identified, identify the type of the second treatment tool or the first internal aspect within a time period determined in accordance with the type of the first treatment tool (e.g., [0063]-[0065], [0076]-[0077], Figs. 6, 7, 11 and associated text) (as recited in claim 4); wherein: the processor is configured to output an output image associated with the treatment name, and the output image is an image acquired between the first endoscopic image and the second endoscopic image of the plurality of endoscopic images (e.g., [0063]-[0065], [0076]-[0077], Figs. 6, 7, 11 and associated text) (as recited in claim 5); an endoscope apparatus comprising: the medical assistance device according to claim 1; and the endoscope (e.g., [0022]) (as recited in claim 14); a medical assistance method comprising: acquiring a plurality of endoscopic images acquired by capturing images in time series by an endoscope; identifying, based on a first endoscopic image of the plurality of endoscopic images, a type of a first treatment tool included in the first endoscopic image; identifying a type of a second treatment tool included in a second endoscopic image of the plurality of endoscopic images or a first internal aspect included in the second endoscopic image; and outputting information indicating a treatment name that is related to a first identification result and a second identification result, the first identification result being a result of identifying the type of the first treatment tool, the second identification result being a result of identifying the type of the second treatment tool or the first internal aspect (e.g., [0063]-[0065], [0076]-[0077], Figs. 6, 7, 11 and associated text) (as recited in claim 15); a non-transitory computer readable medium storing a program for causing a computer to execute a process comprising: acquiring a plurality of endoscopic images acquired by capturing images in time series by an endoscope; identifying, based on a first endoscopic image of the plurality of endoscopic images, a type of a first treatment tool included in the first endoscopic image; identifying a type of a second treatment tool included in a second endoscopic image of the plurality of endoscopic images or a first internal aspect included in the second endoscopic image; and outputting information indicating a treatment name that is related to a first identification result and a second identification result, the first identification result being a result of identifying the type of the first treatment tool, the second identification result being a result of identifying the type of the second treatment tool or the first internal aspect (e.g., [0063]-[0065], [0076]-[0077], Figs. 6, 7, 11 and associated text) (as recited in claim 16); wherein: the first endoscopic image and the second endoscopic image are different images related to a same body, and the processor is configured to determine the treatment name from both of the first endoscopic image and the second endoscopic image, based on both of the first identification result and the second identification result (e.g., [0095], [0102], [0063]) (as recited in claim 17); wherein: the first endoscopic image and the second endoscopic image are different images related to a same body, and the method further comprises, before outputting information indicating the treatment name, determining the treatment name from both of the first endoscopic image and the second endoscopic image, based on both of the first identification result and the second identification result (e.g., [0095], [0102], [0063]) (as recited in claim 18); wherein: the first endoscopic image and the second endoscopic image are different images related to a same body, and the process further comprises, before outputting information indicating the treatment name, determining the treatment name from both of the first endoscopic image and the second endoscopic image, based on both of the first identification result and the second identification result (e.g., [0095], [0102], [0063]) (as recited in claim 19).
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.
Claims 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kamon.
Regarding claims 6-13, as discussed above, Kamon teaches a medical assistance device. However, Kamon does not expressly teach except a third treatment image and tool. Nevertheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention taught by Kamon such that wherein: the processor is configured to further identify a type of a third treatment tool included in a third endoscopic image or a second internal aspect included in the third endoscopic image, and the information indicating the treatment name is information that is related to the first identification result, the second identification result, and a third identification result, the third identification result being a result of identifying the type of the third treatment tool or the second internal aspect (as recited in claim 6); wherein the second identification result is a result of identifying the type of the second treatment tool (as recited in claim 7); wherein the second identification result is a result of identifying the first internal aspect (as recited in claim 8); wherein the third endoscopic image is an image acquired after the second endoscopic image by the endoscope (as recited in claim 9); wherein the first endoscopic image is an image acquired after the second endoscopic image by the endoscope (as recited in claim 10); wherein the first internal aspect is a treatment target region (as recited in claim 11); wherein the first internal aspect includes a lesion region, a burn scar, a resection region, a change in the resection region, a hump region, and/or a marked region (as recited in claim 12); wherein: the first internal aspect includes a lesion region, and the information indicating the treatment name is information that is based on a size of the first treatment tool and a size of the lesion region (as recited in claim 13) in order to improve the effectiveness of the invention. See, e.g., [0063]-[0065], [0076]-[0077], Figs. 6, 7, 11 and associated text). See also MPEP 2144.04(VI)(B).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan
/SCOTT LUAN/Primary Examiner, Art Unit 3792
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