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 .
Response to Amendment
Amendments to claims 1-10, 19 of 4/14/2026 acknowledged and entered.
Cancellation of claims 11-18, 20 of 4/14/2026 acknowledged and entered.
New claims 21-29 of 4/14/2026 acknowledged and entered.
Response to Arguments
Applicant’s arguments, see p. 8, para. 7, filed 4/14/2026, with respect to claim 4, 20 have been fully considered and are persuasive. The USC 101 rejection of 2/25/2026 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 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) 1-10, 19, 21-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyama (WO 2019198322 A1) in view of Bydlon (US 20240383133 A1).
Regarding claim 1, Oyama teaches An endoscopy support system comprising:
one or more processors (fig. 2, element 3/9, p. 3, para. 2, video processor 9, endoscope shape observation device 3) comprising hardware, wherein the one or more processors are configured to:
acquire, during an endoscopy, a first endoscope insertion portion shape when an endoscope is located at a predetermined site (fig. 4, element 42, p.7, para. 6, insertion shape display area 42);
determine the first endoscope insertion portion shape as an endoscope shape to be used as a reference position (fig. 4, element 42, p.7, para. 6, insertion shape display area 42);
acquire an endoscopic image captured during the endoscopy (fig. 4, element 41, p. 7, para. 6, endoscope image display area 41);
acquire, as a second endoscope insertion portion shape, an endoscope insertion portion shape at a time when the endoscopic image is captured (p. 6, para. 8, real time insertion shape including during the time of image capture);
record the first endoscope insertion portion shape, the endoscopic image, and the second endoscope insertion portion shape in association with each other (fig. 4, element 42, p.7, para. 6, insertion shape display area 42, p. 6, para. 8, real time insertion shape including during the time of image capture); and
Oyama does not explicitly teach a device configured to display the first endoscope insertion portion shape together with the second endoscope insertion portion shape corresponding to the endoscopic image on a display device.
However, Bydlon teaches a device configured to display the first endoscope insertion portion shape together with the second endoscope insertion portion shape corresponding to the endoscopic image on a display device (fig. 15, element S1-3, [0282-3], shape measurement data, time captured, to correspond with the capture time of images).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Oyama to display multiple endoscope shapes simultaneously as taught in Bydlon in order to collate large quantities of data (Bydlon [0283]).
Regarding claim 2, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to have:
a first mode in which the first endoscope insertion portion shape, a plurality of the endoscopic images, and capturing positions of the endoscopic images are simultaneously displayed on the display device (p. 7, para. 3, replay mode of extracted endoscopic images alongside positional metadata can be enabled); and
Further, Bydlon teaches a second mode in which an endoscopic image selected by a user, the second endoscope insertion portion shape corresponding to the endoscopic image, and the first endoscope insertion portion shape are simultaneously displayed on the display device (fig. 15, element S1-3, [0282-3], shape measurement data, time captured, to correspond with the capture time of images).
Regarding claim 3, Oyama in view of Bydlon teaches The endoscopy support system according to claim 2,
Further, Oyama teaches wherein the one or more processors are configured to: switch from the first mode to the second mode when the endoscopic image is selected by the user (p. 7, para. 3, replay mode of extracted endoscopic images alongside positional metadata can be enabled).
Regarding claim 4, Oyama teaches The endoscopy support system according to claim 2,
Further, Oyama teaches wherein the one or more processors are configured to:
simultaneously display the first endoscope insertion portion shape, the endoscopic image, on the display device (fig. 4, element 41, p. 7, para. 6, endoscope image display area 41),
Further, Bydlon teaches wherein the one or more processors are configured to:
simultaneously display the first endoscope insertion portion shape, and the second endoscope insertion portion shape on the display device, and
when the endoscopic image is selected by the user, simultaneously display the second endoscope insertion portion shape corresponding to the selected endoscopic image and the first endoscope insertion portion shape on the display device (fig. 15, element S1-3, [0282-3], shape measurement data, time captured, to correspond with the capture time of images).
Regarding claim 5, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to:
straighten the first endoscope insertion portion shape and display the first endoscope insertion portion shape on the display device, and
display the endoscopic image on the display device in association with an insertion length (fig. 4, element 42c, p. 7, para. 6, length display tracks the distance from anus, conceptualizing the endoscope as a straight line).
Regarding claim 6, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to straighten the first endoscope insertion portion shape and display first endoscope insertion portion shape on the display device, and
display the endoscopic image on the display device in association with an insertion time (fig. 4, element 42c, p. 7, para. 6, length display tracks the distance from anus, conceptualizing the endoscope as a straight line).
Regarding claim 7, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to:
set a position of the endoscope at a time when reaching a deepest part in a colonoscopy as the reference position. (fig. 4, element 42c, depth tracking of position and continuous endoscope shape determination allows for information at the deepest part of the anatomy).
Regarding claim 8, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to:
set a cecum as the reference position. (fig. 4, element 42c, depth tracking of position and continuous endoscope shape determination allows for information at the deepest part of the anatomy).
Regarding claim 9, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to: perform positional and directional alignment of the first endoscope insertion portion shape and the second endoscope insertion portion shape based on changes in the acquired second endoscope insertion portion shape (fig. 4, element 42, p. 3, para. 7, plurality of transmission coils in insertion portion 4b detect position at intervals that are then aligned to form a curve).
Regarding claim 10, Oyama in view of Bydlon teaches The endoscopy support system according to claim 1,
Further, Oyama teaches wherein the one or more processors are configured to detect a lesion candidate from the endoscopic image, and display the endoscopic image in which the lesion candidate is detected and the second endoscope insertion portion shape on the display device (fig. 4, element 5a, simultaneous display of endoscopic image and shape allows for acquisition and display of endoscopic shape when a user detects a lesion).
Regarding claim 19, Oyama teaches An endoscopy support method comprising:
acquiring, during an endoscopy, a first endoscope insertion portion shape when an endoscope is located at a predetermined site (fig. 4, element 42, p.7, para. 6, insertion shape display area 42),
determining the first endoscope insertion portion shape as an endoscope shape to be used as a reference position (fig. 4, element 42, p.7, para. 6, insertion shape display area 42);
acquiring an endoscopic image captured during the endoscopy (fig. 4, element 41, p. 7, para. 6, endoscope image display area 41);
acquiring, as a second endoscope insertion portion shape, an endoscope insertion portion shape at a time when the endoscopic image is captured (p. 6, para. 8, real time insertion shape including during the time of image capture);
recording the first endoscope insertion portion shape, the endoscopic image, and the second endoscope insertion portion shape in association with each other (fig. 4, element 42, p.7, para. 6, insertion shape display area 42, p. 6, para. 8, real time insertion shape including during the time of image capture); and
Oyama does not explicitly teach displaying the first endoscope insertion portion shape together with the second endoscope insertion portion shape corresponding to the endoscopic image on a display device simultaneously on a monitor.
However, Bydlon teaches a device capable of displaying the first endoscope insertion portion shape together with the second endoscope insertion portion shape corresponding to the endoscopic image on a display device (fig. 15, element S1-3, [0282-3], shape measurement data, time captured, to correspond with the capture time of images).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Oyama to display multiple endoscope shapes simultaneously as taught in Bydlon in order to collate large quantities of data (Bydlon [0283]).
Regarding claim 21, Oyama in view of Bydlon teaches The method according to claim 19, further comprising:
Further, Oyama teaches displaying, in a first mode, the first endoscope insertion portion shape, a plurality of endoscopic images, and capturing positions of the plurality of endoscopic images simultaneously on the display device (p. 7, para. 3, replay mode of extracted endoscopic images alongside positional metadata can be enabled); and
Further, Bydlon teaches displaying, in a second mode, an endoscopic image selected by a user, the second endoscope insertion portion shape corresponding to the endoscopic image, and the first endoscope insertion portion shape simultaneously on the display device (fig. 15, element S1-3, [0282-3], shape measurement data, time captured, to correspond with the capture time of images).
Regarding claim 22, Oyama in view of Bydlon teaches the method according to claim 21, further comprising:
Further, Oyama teaches switching from the first mode to the second mode when the endoscopic image is selected by the user (p. 7, para. 3, replay mode of extracted endoscopic images alongside positional metadata can be enabled).
Regarding claim 23, Oyama in view of Bydlon teaches The method according to claim 19,
further comprising:
Further, Oyama teaches simultaneously displaying the first endoscope insertion portion shape, the endoscopic image (fig. 4, element 41, p. 7, para. 6, endoscope image display area 41),
Further, Bydlon teaches displaying the first endoscope insertion portion shape, and the second endoscope insertion portion shape on the display device; and
in response to the endoscopic image being selected by a user, simultaneously displaying the second endoscope insertion portion shape corresponding to the selected endoscopic image and the first endoscope insertion portion shape on the display device (fig. 15, element S1-3, [0282-3], shape measurement data, time captured, to correspond with the capture time of images).
Regarding claim 24, Oyama in view of Bydlon teaches The method according to claim 19, further comprising:
Further, Oyama teaches straightening the first endoscope insertion portion shape and displaying the straightened first endoscope insertion portion shape on the display device; and
displaying the endoscopic image on the display device in association with an insertion length (fig. 4, element 42c, p. 7, para. 6, length display tracks the distance from anus, conceptualizing the endoscope as a straight line).
Regarding claim 25, Oyama in view of Bydlon teaches The method according to claim 19, further comprising:
Further, Oyama teaches straightening the first endoscope insertion portion shape and displaying the straightened first endoscope insertion portion shape on the display device; and
displaying the endoscopic image on the display device in association with an insertion time (fig. 4, element 42c, p. 7, para. 6, length display tracks the distance from anus, conceptualizing the endoscope as a straight line).
Regarding claim 26, Oyama in view of Bydlon teaches The method according to claim 19, further comprising:
Further, Oyama teaches setting a position of the endoscope at a time when reaching a deepest part in a colonoscopy as the reference position (fig. 4, element 42c, depth tracking of position and continuous endoscope shape determination allows for information at the deepest part of the anatomy).
Regarding claim 27, Oyama in view of Bydlon teaches The method according to claim 19,
Oyama teaches further comprising: setting a cecum as the reference position (fig. 4, element 42c, depth tracking of position and continuous endoscope shape determination allows for information at the deepest part of the anatomy).
Regarding claim 28, Oyama in view of Bydlon teaches The method according to claim 19,
Further, Oyama teaches further comprising:
performing positional and directional alignment of the first endoscope insertion portion shape and the second endoscope insertion portion shape based on changes in the acquired second endoscope insertion portion shape (fig. 4, element 42, p. 3, para. 7, plurality of transmission coils in insertion portion 4b detect position at intervals that are then aligned to form a curve).
Regarding claim 29, Oyama in view of Bydlon teaches The method according to claim 19, further comprising:
detecting a lesion candidate from the endoscopic image; and
displaying the endoscopic image in which the lesion candidate is detected and the second endoscope insertion portion shape on the display device (fig. 4, element 5a, simultaneous display of endoscopic image and shape allows for acquisition and display of endoscopic shape when a user detects a lesion).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795