DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 09/12/2024 for application number 18/883,307. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 12/23/2024 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
4. 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.
5. Claim(s) 1-2,4-8, 11-12, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizunaka et al., [US Pub. No.: 2023/0371817 A1].
Re. Claim 1, Mizunaka et al., [US Pub. No.: 2023/0371817 A1] discloses:
A medical device [medical device is a endoscope 2 | Fig.1, 0046], comprising: a shaft [Shaft 26 Fig.1, 0046] having a distal end [distal end of a medical device |Fig.3 24] and a proximal end [proximal end 25 of a medical device| Fig. 1, 0047];
an image sensor at the distal end of the shaft [a distal end portion 24 incorporating an imaging element 244 |Fig.1, 0047], wherein the image sensor is configured to generate a first electrical signal based on a capture of one or more images, the first electrical signal including image or video data associated with the capture of the one or more images [an imaging element 244 in which pixels that receive light and generate a signal by performing photoelectric conversion are arrayed in a two-dimensional shape |0047];
a distal conversion device at the distal end and in communication with the image sensor [The universal cord 23 also transmits an image signal captured by the imaging element 244 included at the distal end portion 24 to the processing device 4 via the connector 232 |0049], wherein the distal conversion device is configured to convert the first electrical signal to a light signal [an imaging element 244 in which pixels that receive light and generate a signal by performing photoelectric conversion|0047];
a proximal photoreceiver [Fig.2 elements 41, 44proximal end for receiving photos];
and an optical fiber extending between the distal conversion device [The distal end portion 24 includes: the light guide 241 formed by a glass fiber or the like and forming a light guiding path of light emitted by the light source device 3 |Fig.2, 0050] and the proximal photoreceiver [Fig.2 elements 41, 44 proximal end for receiving photos], wherein the optical fiber is configured to facilitate transmission of the light signal between the distal conversion device [The distal end portion 24 includes: the light guide 241 formed by a glass fiber or the like and forming a light guiding path of light emitted by the light source device 3 |Fig.2 0050] and the proximal photoreceiver [an image formation position of the optical system 243, receives light condensed by the optical system 243, photoelectrically converts the light into an electric signal, and performs predetermined signal processing |Fig.2, 0050], and wherein the proximal photoreceiver is configured to receive the light signal via the optical fiber and convert the light signal to a second electrical signal [proximal end image signal receiver 44, 41 is configured to receive light signal from light guide formed from a fiber 241 based applicants specification at paragraph 0008, 0050], the second electrical signal including a transmission of the image or video data associated with the capture of the one or more images [processing devices 4 & 41 send image signal to display 5. Wherein applicants specification at paragraph 8 defines the second electrical signal to generate a video signal of the one or more images for a connectable display. Fig.2].
Re. Claim 2, Mizunaka discloses:
The medical device of claim 1, wherein the transmission of the image or video data includes a one-to-one transfer of the image or video data associated with the capture of the one or more images [The universal cord 23 also transmits an image signal captured by the imaging element 244 included at the distal end portion 24 to the processing device 4 via the connector 232. The collective cable 245 includes a signal line for transmitting an imaging signal, a signal line for transmitting a driving signal for driving the imaging element 244, and a signal line for transmitting and receiving information including unique information related to the endoscope 2 (imaging element 244). |0049, Fig20].
Re. Claim 4, Mizunaka discloses:
The medical device of claim 3, wherein the image processing unit is configured to process the second electrical signal to generate a video signal of the one or more images for a connectable display [processing device 4 configured to generate an image signal based on captured image data and transmit a display 5. See also The controller 44 monitors the signal values after the respective light sources are turned off and executes acquisition processing of a fluorescence image at time tor at which both of the signal values decrease to predetermined values. Note that the predetermined values set to the respective values may be the same or different from each other. Which is equivalent to one to one ratio as described in applicants specification | Fig. 2].
Re. Claim 5, Mizunaka discloses:
The medical device of claim 3, wherein the image processing unit is further configured to: receive a user input or algorithmic input to adjust one or more settings for the image sensor [Fig. 2 input unit 43 configured to provide user input in to a controller 44 and image processor 41];
and generate a third electrical signal for the image sensor based on the user input or the algorithmic input [The controller 44 includes a general-purpose processor such as a CPU or a dedicated processor such as various arithmetic circuits that execute specific functions such as an ASIC. |0072].
Re. Claim 6, Mizunaka discloses:
The medical device of claim 5, wherein the optical fiber is a first optical fiber [light guide formed by fiber 241], wherein the light signal is a first light signal [first light guide 246 |0122], the medical device further comprising: a proximal conversion device in communication with the image processing unit [Proximal conversion device is in communication with the image processor 41 controller 44|Fig13, 0122];
and a distal photoreceiver [Fig.13 244 imaging element is equivalent to the distal photoreceiver as described in applicant’s specification at paragraph |0088], wherein the proximal conversion device is configured to receive the third electrical signal and convert the third electrical signal to a second light signal [Processing device 4 is equivalent proximal conversion device and is configured to receive three electrical signals image data, drive signal and light signal |Fig. 13];
and a second optical fiber extending between the proximal conversion device and the distal photoreceiver [a second light guide 63 extending from the treatment tool operating unit 61 and connected with the first light guide 246. |0123], wherein the second optical fiber is configured to facilitate transmission of the second light signal between the proximal conversion device and the distal photoreceiver [The second light guide 63 may be connected to at least some fibers of the first light guide 246 or may extend to the distal end of a distal end portion 24 together with the first light guide 246. |0123], wherein the distal photoreceiver is configured to receive the second light signal via the second optical fiber and convert the second light signal to a fourth electrical signal for transmission to the image sensor for adjusting the one or more settings [The second light guide 63 transmits light emitted by a therapeutic light source 612 and a guide light source 613. At this point, the second light guide 63 emits light emitted by the therapeutic light source 612 and the guide light source 613 to the outside using, for example, shared fibers. |0124].
Re. Claim 7, Mizunaka discloses:
The medical device of claim 6, further comprising: a first lens positioned between the distal conversion device and the first optical fiber [Fig.2 Optical filter 243a], wherein the first lens is configured to transmit the first light signal to the first optical fiber [Fig.2 the imager including an optical filter configured to cut light in the wavelength band of the therapeutic light and transmit a part of white light |0009];
and a second lens positioned between the proximal conversion device and the second optical fiber [The optical system 243 includes one or more lenses and is disposed between proximal conversion and fiber|0051], wherein the second lens is configured to transmit the second light signal from the proximal conversion device to the second optical fiber [The optical system 243 includes one or more lenses 0051. See also The optical filter 243a has absorption characteristics indicated by the curve F.sub.C. That is, the wavelength band of the optical filter 243a is set in consideration of the tolerance of the center wavelength of the therapeutic light source 612 around 690 nm, the spectral width, and oblique incidence characteristics to the optical filter 243a in the optical system of the optical filter 243a. For example, light in a wavelength band greater than 670 nm and less than 700 nm is blocked, and light in other wavelength bands is transmitted. 0089].
Re. Claim 8, Mizunaka discloses:
The medical device of claim 7, wherein the first lens is positioned proximal to the distal conversion device than to the first optical fiber [Fig.2 element 243 243a see also 0051], and wherein the second lens is positioned proximal to the proximal conversion device than to the second optical fiber [0051].
Re. Claim 11, Mizunaka discloses:
The medical device of claim 1, wherein the distal conversion device includes a light illumination device [Fig. 2 medical device includes light source element 3].
Re. Claim 12, Mizunaka discloses:
The medical device of claim 1, wherein the first electrical signal includes an analog or a digital signal [When receiving analog image data, the image processor 41 performs A/D conversion to generate digital signals. |0061].
Re. Claim 16, Mizunaka discloses:
A medical system [medical device is a endoscope 2 | Fig.1, 0046], comprising: a medical device [medical device is a endoscope 2 | Fig.1, 0046], comprising: a shaft [Shaft 26 Fig.1, 0046] having a distal end [distal end of a medical device |Fig.3 24] and a proximal end [proximal end 25 of a medical device| Fig. 1, 0047];
an image sensor at the distal end of the shaft [a distal end portion 24 incorporating an imaging element 244 |Fig.1, 0047], wherein the image sensor is configured to generate a first electrical signal based on a capture of one or more images, the first electrical signal including image or video data associated with the capture of the one or more images [an imaging element 244 in which pixels that receive light and generate a signal by performing photoelectric conversion are arrayed in a two-dimensional shape |0047];
a distal conversion device at the distal end and in communication with the image sensor [The universal cord 23 also transmits an image signal captured by the imaging element 244 included at the distal end portion 24 to the processing device 4 via the connector 232 |0049], wherein the distal conversion device is configured to convert the first electrical signal to a light signal [an imaging element 244 in which pixels that receive light and generate a signal by performing photoelectric conversion|0047];
a proximal photoreceiver [Fig.2 elements 41, 44proximal end for receiving photos];
an optical fiber extending between the distal conversion device [The distal end portion 24 includes: the light guide 241 formed by a glass fiber or the like and forming a light guiding path of light emitted by the light source device 3 |Fig.2, 0050] and the proximal photoreceiver [Fig.2 elements 41, 44 proximal end for receiving photos], wherein the optical fiber is configured to facilitate transmission of the light signal between the distal conversion device and the proximal photoreceiver [The distal end portion 24 includes: the light guide 241 formed by a glass fiber or the like and forming a light guiding path of light emitted by the light source device 3 |Fig.2 0050];
and an image processing unit [Fig. 1 image processing device 4], wherein the proximal photoreceiver is configured to receive the light signal via the optical fiber and convert the light signal to a second electrical signal [proximal end image signal receiver 44, 41 is configured to receive light signal from light guide formed from a fiber 241 based applicants specification at paragraph 0008, 0050], wherein the second electrical signal includes a transmission of the image or video data associated with the capture of the one or more images [processing devices 4 & 41 send image signal to display 5. Wherein applicants specification at paragraph 8 defines the second electrical signal to generate a video signal of the one or more images for a connectable display. Fig.2], and wherein the image processing unit is configured to process the second electrical signal to generate an image or video signal of the one or more images for a connectable display [processing devices 4 & 41 send image signal to display 5. Wherein applicants specification at paragraph 8 defines the second electrical signal to generate a video signal of the one or more images for a connectable display. Fig.2].
Re. Claim 18, Mizunaka discloses:
The medical system of claim 16, wherein the image processing unit is located separately from the medical device [Image processor 4 is separate from the medical device Fig.1].
Re. Claim 19, Mizunaka discloses:
A medical system [medical device is a endoscope 2 | Fig.2,], comprising: a medical device [medical device is a endoscope 2 | Fig.1, 0046], comprising: a shaft [Shaft 26 Fig.1, 0046] having a distal end [distal end of a medical device |Fig.3 24] and a proximal end [proximal end 25 of a medical device| Fig. 1, 0047];
an image sensor at the distal end of the shaft [a distal end portion 24 incorporating an imaging element 244 |Fig.1, 0047], wherein the image sensor is configured to generate a first electrical signal based on a capture of one or more images, the first electrical signal including image or video data associated with the capture of the one or more images [an imaging element 244 in which pixels that receive light and generate a signal by performing photoelectric conversion are arrayed in a two-dimensional shape |0047];
a distal conversion device at the distal end and in communication with the image sensor, wherein the distal conversion device is configured to convert the first electrical signal to a light signal [The universal cord 23 also transmits an image signal captured by the imaging element 244 included at the distal end portion 24 to the processing device 4 via the connector 232 |0049];
a proximal photoreceiver [Fig.2 elements 41, 44proximal end for receiving photos];
an optical fiber extending between the distal conversion device [The distal end portion 24 includes: the light guide 241 formed by a glass fiber or the like and forming a light guiding path of light emitted by the light source device 3 |Fig.2, 0050] and the proximal photoreceiver [Fig.2 elements 41, 44 proximal end for receiving photos], wherein the optical fiber is configured to facilitate transmission of the light signal between the distal conversion device and the proximal photoreceiver [The distal end portion 24 includes: the light guide 241 formed by a glass fiber or the like and forming a light guiding path of light emitted by the light source device 3 |Fig.2 0050], wherein the proximal photoreceiver is configured to receive the light signal via the optical fiber and convert the light signal to a second electrical signal [an image formation position of the optical system 243, receives light condensed by the optical system 243, photoelectrically converts the light into an electric signal, and performs predetermined signal processing |Fig.2, 0050], wherein the second electrical signal includes a transmission of the image or video data associated with the capture of the one or more images [processing devices 4 & 41 send image signal to display 5. Wherein applicants specification at paragraph 8 defines the second electrical signal to generate a video signal of the one or more images for a connectable display. Fig.2];
and an image processing unit configured to process the second electrical signal to generate a video signal of the one or more images for a connectable display [processing devices 4 & 41 send image signal to display 5. Wherein applicants specification at paragraph 8 defines the second electrical signal to generate a video signal of the one or more images for a connectable display. Fig.2], wherein the image processing unit is further configured to: receive a user input or algorithmic input to adjust one or more settings for the image sensor [Fig. 2 input unit 43 configured to provide user input in to a controller 44 and image processor 41];
and generate a third electrical signal for the image sensor based on the user input or the algorithmic input [The controller 44 includes a general-purpose processor such as a CPU or a dedicated processor such as various arithmetic circuits that execute specific functions such as an ASIC. |0072].
Re. Claim 20, Mizunaka discloses:
The medical system of claim 19, wherein the optical fiber is a first optical fiber fiber [light guide formed by fiber 241], wherein the light signal is a first light signal [first light guide 246 |0122], and wherein the medical device is configured to receive the third electrical signal [Processing device 4 is equivalent proximal conversion device and is configured to receive three electrical signals image data, drive signal and light signal |Fig. 13], the medical device further comprising: a proximal conversion device in communication with the image processing unit [Proximal conversion device is in communication with the image processor 41 controller 44|Fig13, 0122];
a second optical fiber [a second light guide 63 extending from the treatment tool operating unit 61 and connected with the first light guide 246. |0123];
and a distal photoreceiver [Fig.13 244 imaging element is equivalent to the distal photoreceiver as described in applicant’s specification at paragraph |0088], wherein the proximal conversion device is configured to receive the third electrical signal and convert the third electrical signal to a second light signal Processing device 4 is equivalent proximal conversion device and is configured to receive three electrical signals image data, drive signal and light signal |Fig. 13], wherein the second optical fiber extends between the proximal conversion device and the distal photoreceiver [The second light guide 63 may be connected to at least some fibers of the first light guide 246 or may extend to the distal end of a distal end portion 24 together with the first light guide 246. |0123], wherein the second optical fiber is configured to facilitate transmission of the second light signal between the proximal conversion device and the distal photoreceiver [The second light guide 63 may be connected to at least some fibers of the first light guide 246 or may extend to the distal end of a distal end portion 24 together with the first light guide 246. |0123], and wherein the distal photoreceiver is configured to receive the second light signal via the second optical fiber and convert the second light signal to a fourth electrical signal for transmission to the image sensor for adjusting the one or more settings [The second light guide 63 transmits light emitted by a therapeutic light source 612 and a guide light source 613. At this point, the second light guide 63 emits light emitted by the therapeutic light source 612 and the guide light source 613 to the outside using, for example, shared fibers. |0124].
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 3 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizunaka in view of Kubo et al., [US Pub. No.: 2007/0232860 A1](cited).
Re. Claim 3, Mizunaka does not distinctly disclose:
The medical device of claim 1, further comprising: a handle connected to the proximal end of the shaft, wherein the handle includes an image processing unit communicatively coupled to the proximal photoreceiver.
However in the same field of endeavor Kubo discloses:
The medical device of claim 1, further comprising: a handle connected to the proximal end of the shaft [Fig.1], wherein the handle includes an image processing unit communicatively coupled to the proximal photoreceiver [Fig.1 image processor disposed in the endoscope handle and couple image sensor].
Therefore, It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Mizunaka with Kubo to provide an apparatus that uses light for transmitting signals without enlarging the distal end part of the electric scope.
Re. Claim 17, the rejection of claim 16 is incorporated herein.
Kubo et al. meets the claim limitations, as follows:
The medical system of claim 16, wherein the image processing unit is located at a handle of the medical device [Fig.1 image processor disposed in the endoscope handle and couple image sensor].
Allowable Subject Matter
8. Claim 9, 10 and 13-15 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.
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230200682 A1
US 20180332249 A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488
Prosecution Insights