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 .
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.
Claims 7 and 11-15 are 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 7 recites the limitation "the third information" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claims 11-15 depend from claim 7 and are rejected for the same reasons.
Claim Rejections - 35 USC § 102
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 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, 3, 8, 10, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masaki (US 2014/0192551 A1).
Claim 1, Masaki teaches a light source apparatus (Fig. 1) comprising:
a first light source (lamp 23; paragraph 0048 and Fig. 1);
a light sensor (CCD 13; Fig. 1);
an optical member (filter 26; paragraph 0033 and Fig. 1);
a driving circuit configured to move the optical member from a first position to a second position to insert/withdraw the optical member onto/from an optical path of light emitted from the first light source (rotary filter 24 is rotate by a motor to insert a filter into the optical path of light from lamp 23; see paragraph 0049 and Fig. 1); and
a processor (control section 21; Fig. 1), wherein the processor is configured to acquire first information concerning a light amount of light received by the light sensor (Brightness of the signal is received from video processor 4; paragraph 0035. Luminance of the endoscopic image obtained by the video processing section 34 via CCD 13 is used to calculate a target brightness signal; paragraph 0079), acquire second information concerning a position of the optical member while moving from the first position to the second position (feedback signals indicating rotation positions of rotary filter 24 is input to control section 21; paragraph 0053), and output control information for controlling the first light source on a basis of the first information and the second information (based on target brightness, diaphragm 25 is controlled, wherein diaphragm 25 is an illumination light amount adjusting section capable of adjust the emission amount of the illumination light to light guide 15; paragraph 0046, 0032, 0081).
Claim 3, Masaki further teaches wherein the second information indicates a degree of insertion of the optical member onto the optical path (rotational positions of rotary filters 24, 26 are input to the control section 21; paragraph 0053).
Claim 8, Masaki further teaches wherein the optical member is supported by a rotation frame member (a rotating frame is inherent in the rotary filters 24, 26; paragraph 0022).
Claim 10, Masaki further teaches wherein the optical member is an optical filter (rotary filters 24, 26; paragraph 0022).
Claim 16, Masaki teaches a light source apparatus (Fig. 1) comprising:
a light source (lamp 23; paragraph 0048 and Fig. 1);
a light sensor (CCD 13; Fig. 1);
an optical member (filter 26; paragraph 0033 and Fig. 1);
an optical member driving circuit configured to change the optical member from a first characteristic to a second characteristic to restrict light emitted from the light source (rotary filter 24 is rotate by a motor to insert a filter for special light observation mode or normal light observation mode into the optical path of light from lamp 23; see paragraph 0049 and Fig. 1); and
a processor (control section 21; Fig. 1), wherein the processor is configured to acquire first information concerning a light amount of light received by the light sensor (Brightness of the signal is received from video processor 4; paragraph 0035. Luminance of the endoscopic image obtained by the video processing section 34 via CCD 13 is used to calculate a target brightness signal; paragraph 0079), acquire second information concerning a time period from start of a change of characteristic while the optical member is being changed in characteristic from the first characteristic to the second characteristic (feedback signals indicating rotation positions of rotary filter 24 is input to control section 21; paragraph 0053),, and output control information for controlling the light source on a basis of the first information and the second information (based on target brightness, diaphragm 25 is controlled, wherein diaphragm 25 is an illumination light amount adjusting section capable of adjust the emission amount of the illumination light to light guide 15; paragraph 0046, 0032, 0081).
Claim 17, Masaki teaches an endoscope system comprising:
an endoscope (endoscope apparatus 1; Fig. 1 and paragraph 0020);
a first light source (lamp 23; paragraph 0048 and Fig. 1);
a light sensor (CCD 13; Fig. 1);
an optical member (filter 26; paragraph 0033 and Fig. 1);
a driving circuit configured to move the optical member from a first position to a second position to insert/withdraw the optical member onto/from an optical path of light emitted from the first light source (rotary filter 24 is rotate by a motor to insert a filter into the optical path of light from lamp 23; see paragraph 0049 and Fig. 1); and
a processor (control section 21; Fig. 1), wherein the processor is configured to acquire first information concerning a light amount of light received by the light sensor (Brightness of the signal is received from video processor 4; paragraph 0035. Luminance of the endoscopic image obtained by the video processing section 34 via CCD 13 is used to calculate a target brightness signal; paragraph 0079), acquire second information concerning a position of the optical member while moving from the first position to the second position (feedback signals indicating rotation positions of rotary filter 24 is input to control section 21; paragraph 0053), and output control information for controlling the first light source on a basis of the first information and the second information (based on target brightness, diaphragm 25 is controlled, wherein diaphragm 25 is an illumination light amount adjusting section capable of adjust the emission amount of the illumination light to light guide 15; paragraph 0046, 0032, 0081).
Claim 18 is analyzed and rejected as a method for performing the functions of the apparatus of claim 1.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Yabe (US 2013/0148345 A1).
Claim 6, Masaki teaches the light source apparatus according to claim 1, but is silent regarding a second light source.
Yabe teaches a light source apparatus comprising a first light source (white LED 31; Fig. 1),
a light sensor (image pickup device 15; Fig. 1);
an optical member (rotating filter 42; paragraph 0049, Fig. 1);
and a second light source (violet LED 37; Fig. 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Yabe with that of Masaki in order to selectively perform normal observation and narrow band observation since different biological structures are more apparent under different wavelengths of light.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Chiba (US 2018/0064320 A1).
Claim 9, Masaki teaches the light source apparatus according to claim 8, but is silent regarding wherein the processor is configured to acquire the second information on a basis of a rotation angle of the rotation frame member.
Chiba teaches an endoscope (Fig. 2) comprising a first light source (light source unit 400) and a driving circuit (filter control unit 420; Fig. 2) configured to move an optical member (rotating filter 410; paragraph 0059 and Fig. 2) form a first position to a second position to insert/withdraw the optical member onto/from an optical path of light emitted from the first light source (filter moved between application position and retracted position; paragraph 0059), and acquiring second information concerning a position of the optical member while moving from the first position to the second position, the second information acquired on a basis of a rotation angle of the rotation frame member (rotating filter is controlled by controlling the rotation angle – it is inherent that the position of the filter is determined by the rotation angle of the filter 410 via the filter control unit 420; paragraph 0064).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Chiba with that of Maskai in order to improve sensitivity of digital image data (see paragraph 0108 of Chiba).
Allowable Subject Matter
Claims 2, 4, and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 7 and 11-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or suggest wherein the processor is configured to find a first light amount of light radiated from the first light source on a basis of the first information and third information obtained by correcting, on a basis of the second information, a correction value for removing an influence to be caused by reflected light of the optical member in the light amount of the light received by the light sensor and output control information for controlling the first light source on a basis of the first light amount as found.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIAWEI A CHEN whose telephone number is (571)270-1707. The examiner can normally be reached Mon-Fri 12:00pm - 9:00pm EST.
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/CHIAWEI CHEN/Primary Examiner, Art Unit 2637