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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/04/2025, 04/21/2025, 09/04/2025 were filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Viering et al. (Viering) (US 11,700,997 B2) in view of Granneman (US 2018/0220052 A1).
Regarding claim 1, Viering discloses an image processor for a medical observation device (e.g., The processor 102 of the image processing device 101 may include any computing device capable of executing machine-readable instructions, paragraph 11, FIG. 1 shows a schematic depiction of an exemplary medical system 100);
wherein the image processor comprises a color conversion function;
wherein the image processor is configured to:
retrieve an input pixel of a digital input color image and a location of the input pixel in the input color image (e.g., generate pixel to pixel intensity maps and identify a best fit match between the generated intensity maps to obtain relative pixel blocks utilized for colorizing the image captured by monochromatic image sensors, paragraph 14).
Viering does not specifically disclose apply the color conversion function to the input pixel to generate an output pixel in a digital output color image; wherein the color conversion function depends on the location of the input pixel.
Granneman discloses apply the color conversion function to the input pixel to generate an output pixel in a digital output color image; wherein the color conversion function depends on the location of the input pixel (e.g., n some implementations of the first aspect or the above implementations, color space conversion is formed in which image processing circuitry is further configured to convert a format of the WL image stream into a second data format having a second color space larger than its original color space, while preserving color space content of the first image stream, and to format the FI image stream to a color format inside the second color space and outside the first color space, paragraph 20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Viering to include apply the color conversion function to the input pixel to generate an output pixel in a digital output color image; wherein the color conversion function depends on the location of the input pixel as taught by Granneman. It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Viering by the teaching of Granneman to apply for particular applications.
Regarding claim 2, Viering discloses wherein the image processor is configured to retrieve at least one optical parameter selected from the group consisting of:
an optical parameter representative of a working distance with which the digital input color image is recorded (e.g., In one embodiment, the medical instrument 110 may be further configured to receive the one or more light sources 130 through the shaft 120 via at least one of the lumens of the medical instrument 110 for connection to an optical fiber 146, paragraph 22).
Regarding claim 3, Viering discloses wherein the color conversion function comprises a color conversion matrix having a first dimension and a second dimension (e.g., In some embodiments, the processor 102 may speed up the relative pixel block generation process disclosed in accordance with FIG. 2 by applying a correlation matrix threshold scoring method. Performing edge filtering on the target features 203, 205, and 207 in accordance with the embodiments of this disclosure allows creating more efficient data sets in the form of intensity relationship maps 232, 234, 236 shown in FIG. 2, paragraph 33);
wherein the input pixel comprises color space coordinates in an input color space; wherein to receive a user input thereon. The processed image produced by the image processing device of the medical device may include a colorized resolution frame of pixel values that may be outputted to a display device, paragraph 8);
wherein the first dimension of the color conversion matrix corresponds to a number of color space coordinates in the input color space; wherein the second dimension of the color conversion matrix corresponds to a number of color space coordinates in the output color space (e.g., Additionally or alternatively to the process 200 in FIG. 2, the processor 102 may generate relative pixel blocks of the target feature by identifying peak intensity clusters of the two sets of pixel projection data in the columns and rows of a first pixel projection matrix 432 and a second pixel projection matrix 442, paragraph 42).
Regarding claim 4, Viering discloses wherein the color conversion matrix comprises at least one matrix element that depends on 423, 442 may be summed to identify similar pixel densities between the matrices 423 and 442. For example, in the first pixel projection matrix 432 of FIG. 4A, summing up all of the dark pixels on the rows of the first intensity relationship map 430 may represent the locations of the pixel intensity distribution along the vertical axis, paragraph 43).
Regarding claim 5, Viering discloses wherein the color conversion function comprises a color conversion matrix, and wherein the color conversion matrix comprises at least one matrix element that depends on the at least one optical parameter (e.g., For example, in the first pixel projection matrix 432 of FIG. 4A, summing up all of the dark pixels on the rows of the first intensity relationship map 430 may represent the locations of the pixel intensity distribution along the vertical axis, paragraph 43).
Regarding claim 6, Viering discloses wherein the at least one matrix element comprises at least one of a polynomial function, a spline function, or a multivariate interpolation function (referring to paragraph 34).
Regarding claim 7, Granneman discloses wherein the color conversion function is configured to homogenize spatial color distribution, so that a color gradient across the digital 200 converts the format of the image stream of image signal 27 from an original, first color space (preferably an 8-bit depth for each primary color, using primaries as defined in the BT-709 recommendation) into a new, second, data format (typically a 10-bit or 12-bit depth for each primary color (which is smaller a color gradient-across), using primaries as defined in the BT-2020 recommendation) having a larger color space than the first color space, while preserving color space content of the first image stream, paragraph 72).
Regarding claim 8, Viering discloses wherein the image processor is configured to retrieve a digital white-light color image of an objectspectrum, the digital white-light color image comprising a plurality of first pixels, each first pixel comprising a first set of color space coordinates in a color space (e.g., The one or more light sources 130 may be configured to emit white light, color light (e.g., red, blue, and green), ultraviolet light, near-infrared (NIR) light, and/or various other wavelengths within or beyond a visible spectrum. The one or more light sources 130 may be one or more light-emitting diodes (hereinafter LEDs), paragraph 12);
retrieve a digital fluorescence-light color image of the object recorded in a second imaged spectrum, the digital fluorescence-light color image comprising a plurality of second pixels, each second pixel comprising a second set of color space coordinates in a color space; generate the input pixel of the digital input color image from one of the first pixels and one of the second pixels, the input pixel comprising a third set of color space coordinates in a color space (e.g., The one or more image sensors 150 may include, for example, one or more monochromatic image sensors. The one or more light sources 130 may be configured to emit white light, color light (e.g., red, blue, and green), ultraviolet light, near-infrared (NIR) light, and/or various other wavelengths within or beyond a visible spectrum. The one or more light sources 130 may be one or more light-emitting diodes (hereinafter LEDs). Further, the image sensor 150 (or one or more image sensors) of the medical instrument 110 may be communicatively coupled to the image processing device 101 of the medical system 100, for example, via a wired connection, a wireless connection, and/or the like. The image sensor 150 of the medical instrument 110 may be configured and operable to capture a raw image (e.g., a digital image) of a surrounding environment of the tip 122 of the shaft 120, paragraph 12); and
generate the third set of color space coordinates as a union set of the first set of color space coordinates and the second set of color space coordinates (e.g., any of the methods described herein may include any of the following steps. The plurality of image frames includes at least a first image frame in a first color and a second image frame in a second color. The color intensities of the plurality of image frames is normalized by illuminating the surface with a first color of the plurality of colors. An intensity of the illuminated first color is determined. A normalization value is assigned to the intensity of the first color. The surface is illuminated with a second color of the plurality of colors. An intensity of the illuminated second color is determined, paragraph 5).
Regarding claim 9, Granneman discloses wherein the image processor is configured to register the digital fluorescence-light color image and the digital white-light color image prior to retrieving the input pixel (e.g., It is an object of the invention to provide improved display of fluorescence imaging (FI) images or other sensor-based images, and reflected light images, through systems and methods allowing FI or other images to be combined in a manner with improved distinguishability of FI features, paragraph 10). 10, 0052
Regarding claim 10, Granneman discloses
an image processor according to claim 1; and
at least one color camera (e.g., digital camera, paragraph 45);
wherein the medical observation device is configured to generate the digital input color image from at least one color image generated by the at least one camera (e.g., a composite image stream may be produced depicting the reflected light components and the fluoresced light component detected by the image sensor assembly. Hardware designs are provided to enable near real-time processing of image streams from medical scopes, paragraph 12).
Regarding claim 11, Granneman discloses wherein the medical observation device further comprises at least a white-light color camera for recording a digital white-light color image; and a fluorescence-light color camera for recording a digital fluorescence color image (e.g., The image sensor assembly has at least three channels and including at least one image sensor, and is configured to detect reflected light components and a fluoresced light component of the light, and produce at least three WL output signals for a WL modality and at least one FI output signal depicting the fluoresced light component for an FI modality. Image forming circuitry is configured to receive the at least three WL output signals and produce a WL image stream, paragraph 13).
Regarding claim 12, claim 12 is a computer-implemented method with limitations similar of limitations of claim 1. Therefore, claim 12 is rejected as set forth above as claim 1.
Regarding claim 13, claim 13 is a non-transitory computer-readable medium with limitations similar of limitations of claim 12 and claim 1. Therefore, claim 13 is rejected as set forth above as claim 1.
Regarding claim 14, Granneman discloses a method for operating a medical observation device, the method comprising the computer-implemented method according to claim 12 and further comprising:
recording a digital fluorescence-light color image in a second imaged spectrum
forming the digital input color image from a combination of the digital white- light color image and the digital fluorescence-light color image (e.g., according to a second aspect of the invention, a camera control module (CCM) is provided for commutatively coupling with a fluorescent and visible light medical scope device, paragraph 22).
Regarding claim 15, Granneman discloses further comprising: recording the digital fluorescence-light color image as a first reflectance image of an object; and recording the digital white-light color image as a second reflectance image of the object (e.g., display of fluorescence imaging (FI) images and reflected light images, through systems and methods that allow FI images to be combined with a nominal white light image in a manner with improved distinguishability of colors and fluorescent features, especially for small fluorescent features, thereby further enhancing the analytical or diagnostic benefits of providing a combined image, paragraph 43).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG N VO whose telephone number is (571)270-1121. The examiner can normally be reached Monday-Friday, 7AM-4PM, EST.
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, Abderrahim Merouan can be reached at 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUANG N VO/Primary Examiner, Art Unit 2683
Prosecution Insights