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 .
Election/Restrictions
Applicant's election with traverse of Group I, Species A in the reply filed on July 13, 2026, is acknowledged. The traversal is on the ground(s) that there is no serious search or examination burden. Applicant argues that the difference between the two sets of claims is minor, one being related to a type of endoscope and the other to a dimming mode. The underlying dimming control operations are identical, and therefore, there is no serious burden. This is not found persuasive because the difference requires unique searches. A reference that only performs the two-state dimming operation when different modes are present will not necessarily read on the claims related to different types of endoscopes. The same can be said of the different types of endoscopes. They may only have mode per endoscope. Because the record does not establish these differences as obvious variants, the Examiner would need to expand the search to include both scenarios. If the dimming operation is found to be the patentably distinguishing feature, either now or after amendment, and that feature applies to both means of operation, then the claims for Group II can be amended to include the feature and subsequently rejoined. The search and examination burden is serious.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-14 are addressed on the merits below.
Claims 15-19 are withdrawn as being directed to a non-elected invention.
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, 3, 6, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 2014/0371535) in view of Negishi (US 2007/0112253).
Regarding Claim 1, Seto discloses:
A medical control device (Fig. 1), comprising:
circuitry (Fig.1, imaging signal processing unit 43) configured to
acquire a captured image generated by an image sensor (Fig. 1, see Paragraph 0033 discussing how imaging element 37 generates a captured image) capturing a subject image introduced by an endoscope (endoscope 11);
calculate a luminance level of the subject image included in the captured image (Fig. 3, calculating section 57).
Seto does not explicitly disclose wherein the circuitry is configured to acquire information indicating whether a type of endoscope is a first type or a second type different from the first type, execute first dimming control in a case where the type of the endoscope is the first type, the first dimming control including narrowing an electronic shutter before reducing a light amount as the luminance level increases, and execute second dimming control different from the first dimming control in a case where the type of the endoscope is the second type, the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases.
Negishi teaches type determination circuitry (Paragraphs 0008-0012 discussing a reading device) configured to determine a type of the endoscope ([0008]-[0012] a reading device for reading endoscope-type information); execute first dimming control in a case where the type of the endoscope is the first type, the first dimming control including narrowing an electronic shutter before reducing a light amount as the luminance level increases (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type A; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; control circuit 41 selects a maximum aperture opening ratio of 75%; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness),
and execute second dimming control different from the first dimming control in a case where the type of the endoscope is the second type (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type B; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness), the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type B; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; the control circuit 41 selects a maximum aperture opening ratio of 50%; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Seto to have type determination circuitry configured to determine a type of the endoscope; execute first dimming control in a case where the type of the endoscope is a first type, the first dimming control including narrowing the electronic shutter before reducing the light amount as the luminance level increases, and execute second dimming control different from the first dimming control in a case where the type of the endoscope is a second type different from the first type, the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases as taught by Negishi in order to provide preventing from rising in temperature due to an excessive amount of light and possible to obtain a sufficient amount of light and preventing overheating of the scope ([0017] and [0030] of Negishi).
Regarding Claim 3, Seto as modified further discloses wherein the circuitry configured to acquire the information whether the type of endoscope is the first type or the second type determined by the circuitry (Negishi’s control circuit 41 performs this function; see Paragraphs 0057-0064).
Regarding Claim 6, Seto as modified further discloses wherein a maximum value of the light amount in the first dimming control is larger than a maximum value of the light amount in the second dimming control (Negishi – Figs.7-8, [0048] type A corresponds to the amount of light when the aperture opening 51a having a maximum opening ratio of 75% and type B corresponds to the amount of light when the aperture opening 51b having a maximum opening ratio of 50%).
Regarding Claim 11, Seto as modified further discloses wherein a maximum value of the light amount in the first dimming control is sufficient to suppress fogging of the endoscope (this is a functional limitation and does not require any particular value; fogging is created by a variety of factors such that under at least some conditions, Seto’s modified device can suppress it) and a maximum value of the light amount in the second dimming control is less than the maximum value of the light amount in the first dimming control (Negishi – Figs.7-8, [0048] type A corresponds to the amount of light when the aperture opening 51a having a maximum opening ratio of 75% and type B corresponds to the amount of light when the aperture opening 51b having a maximum opening ratio of 50%).
Regarding Claim 12, Seto discloses:
A medical observation system, comprising:
an image sensor (Fig.1, [0033] imaging element 37) configured to capture a subject image (Fig.1, [0033] imaging element 37 generates a captured image) introduced by an endoscope (endoscope 11);
a light source (light source 39) configured to emit irradiation light onto a subject ([0039] light source 39 can generate illumination light suitable for the observation); and
a medical control device (Fig. 1) configured to control operation of the image sensor and the light source ([0033] imaging control unit 51 for controlling the driving of the imaging element 37) and the light source ([0032] light source control unit 41 controls light), the medical control device including
circuitry configured to
acquire a captured image generated by an image sensor capturing a subject image introduced by an endoscope (Fig. 1; imaging signal processing unit 43 and imaging element 37 generates a captured image);
calculate a luminance level of the subject image included in the captured image (Fig. 3, [0045] calculating section 57 calculates a photometric value based on the generated histogram and a brightness detection value).
Seto does not explicitly disclose acquire information indicating whether a type of endoscope is a first type or a second type different from the first type, execute first dimming control in a case where the type of the endoscope is the first type, the first dimming control including narrowing an electronic shutter before reducing a light amount as the luminance level increases, and execute second dimming control different from the first dimming control in a case where the type of the endoscope is the second type, the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases.
Negishi teaches type determination circuitry ([0008]-[0012] reading device) configured to determine a type of the endoscope ([0008]-[0012] a reading device for reading endoscope-type information);
execute first dimming control in a case where the type of the endoscope is the first type, the first dimming control including narrowing an electronic shutter before reducing a light amount as the luminance level increases (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type A; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; control circuit 41 selects a maximum aperture opening ratio of 75%; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness),
and execute second dimming control different from the first dimming control in a case where the type of the endoscope is the second type (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type B; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness), the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type B; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; the control circuit 41 selects a maximum aperture opening ratio of 50%; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Seto to have type determination circuitry configured to determine a type of the endoscope; execute first dimming control in a case where the type of the endoscope is a first type, the first dimming control including narrowing the electronic shutter before reducing the light amount as the luminance level increases, and execute second dimming control different from the first dimming control in a case where the type of the endoscope is a second type different from the first type, the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases as taught by Negishi to provide preventing from rising in temperature due to an excessive amount of light and possible to obtain a sufficient amount of light and preventing overheating of the scope ([0017] and [0030] of Negishi).
Regarding Claim 13, Seto discloses:
A method of controlling dimming in a medical control device, the method comprising:
calculating a luminance level of a subject image (Fig.3, calculating section 57) introduced by an endoscope and captured by an image sensor (Fig.3, [0045] calculating section 57 calculates a photometric value based on the generated histogram and a brightness detection value).
Seto does not explicitly disclose acquiring information indicating whether a type of endoscope is a first type or a second type different from the first type, in response to the endoscope being the first type, executing first dimming control in a case where the type of the endoscope is a first type, the first dimming control including narrowing an electronic shutter before reducing a light amount as the luminance level increases, and in response to the endoscope being the second type, executing second dimming control different from the first control, the second dimming control includes dimming reducing the light amount before the electronic shutter is narrowed as the luminance level increases.
Negishi teaches determining a type of the endoscope; executing first dimming control in a case where the type of the endoscope is a first type ([0008]-[0012] a reading device for reading endoscope-type information),
in response to the endoscope being the first type, executing first dimming control in a case where the type of the endoscope is a first type, the first dimming control including narrowing an electronic shutter before reducing a light amount as the luminance level increases (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type A; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; control circuit 41 selects a maximum aperture opening ratio of 75%; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness), and
in response to the endoscope being the second type, executing second dimming control different from the first control (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type B; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness), the second dimming control includes dimming reducing the light amount before the electronic shutter is narrowed as the luminance level increases (Figs.7-8, [0057]-[0064] and [0072] the control circuit 41 checks whether the scope is a scope type B; the amount of illumination light is regulated depending on the type of scope connected to the processor 10; the control circuit 41 selects a maximum aperture opening ratio of 50%; [0063]-[0067] shutter is adjusted based on the increase/decrease of the brightness).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Seto to have determining a type of the endoscope; executing first dimming control in a case where the type of the endoscope is a first type, the first dimming control including narrowing the electronic shutter before reducing the light amount as the luminance level increases, and executing second dimming control different from the first dimming control in a case where the type of the endoscope is a second type different from the first type, the second dimming control includes reducing the light amount before the electronic shutter is narrowed as the luminance level increases as taught by Negishi to provide preventing from rising in temperature due to an excessive amount of light and possible to obtain a sufficient amount of light and preventing overheating of the scope ([0017] and [0030] of Negishi).
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 2014/0371535) in view of Negishi (US 2007/0112253), as applied to claim 1 above, and in further view of Kuriyama (US 2014/0092226).
Regarding Claims 2 and 14, Seto and Negishi disclose the invention substantially as claimed as stated above but do not explicitly disclose wherein the circuitry is configured to acquire the information whether the type of endoscope is the first type or the second type based on user input; and wherein acquiring the information regarding the type of endoscope is based on user input. The Examiner notes that having the user input the type of scope is generally an obvious feature. The Examiner would argue that this was the norm and was replaced by automatic type determination as another layer of protection to prevent unwanted accidents (see Conclusion for additional references). Kuriyama teaches that the user can input scope identification information (see Paragraph 0175). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Seto and Negishi’s device/method to have Kuriyama’s user input. Such a modification gives the user control over determining the type of scope in use, which can be simpler than requiring an automated system, and can be used in addition to an automated system to ensure the proper parameters are being used with the selected scope.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 2014/0371535) in view of Negishi (US 2007/0112253), as applied to claim 1 above, and in further view of MacKinnon et al. (US 2005/0228231).
Seto and Negishi disclose the invention substantially as claimed as stated above but do not explicitly disclose wherein the first type is an endoscope for an abdominal cavity, and the second type is an endoscope for otology.
MacKinnon teaches wherein the first type is an endoscope for an abdominal cavity ([0002] endoscopes such as bronchoscopes, gastroscopes; or may be laparoscopes), and the second type is an endoscope for otology ([0055] other optical apparatus such as otoscopes).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Seto and Negishi to have wherein the first type is an endoscope for an abdominal cavity, and the second type is an endoscope for otology as taught by MacKinnon to provide attaching (permanently or temporarily) or embodied in an endoscope, otoscope, surgical microscope or other medical or non-medical system ([0087] of MacKinnon).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 2014/0371535) in view of Negishi (US 2007/0112253), as applied to claim 1 above, and in further view of Tamonoki (WO 2018179610).
Seto and Negishi disclose the invention substantially as claimed as stated above but do not explicitly disclose wherein the circuitry is configured to determine the type of the endoscope based on at least one of a region of the subject image included in the captured image and a mask region other than the subject image included in the captured image.
Tamonoki teaches wherein the type determination circuitry (detection unit 95C) is configured to determine the type of the endoscope based on at least one of a region of the subject image included in the captured image and a mask region other than the subject image included in the captured image ([0011] and [0107]-[0112] the detection unit detects a type of the endoscope based on a boundary between a subject image and a mask area in the display image). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Seto and Negishi to have wherein the type determination circuitry is configured to determine the type of the endoscope based on at least one of a region of the subject image included in the captured image and a mask region other than the subject image included in the captured image as taught by Tamonoki to provide mask information for determining type of insertion unit ([0107] of Tamonoki).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 2014/0371535) in view of Negishi (US 2007/0112253), as applied to claim 1 above, and in further view of Mishima (US 2020/0237201).
Seto and Negishi disclose the invention substantially as claimed as stated above but do not explicitly disclose wherein a minimum value of the light amount in the first dimming control is larger than a minimum value of the light amount in the second dimming control.
Mishima teaches wherein a minimum value of the light amount in the first dimming control is larger than a minimum value of the light amount in the second dimming control (Figs.11, 15-19, [0103] the light emission ratios Bs and Rs of blue light B and red light R, which are obtained in a case where the type of the endoscope corresponds to the second endoscope 12q, are lower than the light emission ratios Bs and Rs of blue light B and red light R that are obtained in a case where the type of the endoscope corresponds to the first endoscope 12p).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Seto and Negishi to have wherein a minimum value of the light amount in the first dimming control is larger than a minimum value of the light amount in the second dimming control as taught by Mishima to control amount of emitted light in first and second endoscope ([0007]-[0008] of Mishima).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 2014/0371535) in view of Negishi (US 2007/0112253), as applied to claim 1 above, and in further view of Murase et al (US 2019/0167080).
Seto and Negishi disclose the invention substantially as claimed as stated above but do not explicitly disclose wherein the circuitry is configured to decrease a gain of at least one of an analog gain for an analog signal corresponding to the captured image and a digital gain for a digital signal corresponding to the captured image before narrowing the electronic shutter, as the luminance level increases in the first dimming control and in the second dimming control.
Murase teaches wherein the dimming control circuitry (unit 963) is configured to decrease a gain of at least one of an analog gain for an analog signal corresponding to the captured image and a digital gain for a digital signal corresponding to the captured image before narrowing the electronic shutter, as the luminance level increases in the first dimming control and in the second dimming control ([0076]-[0079] captured image CI to reference brightness based on the detection information (for example, the average luminance value) output from the detection processing unit 93. Four brightness parameters, that is, an exposure time of each pixel in the imaging element 541, an analog gain multiplied by the signal processing unit 542, a digital gain multiplied by the image processing unit 92).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Seto and Negishi to have wherein the dimming control circuitry is configured to decrease a gain of at least one of an analog gain for an analog signal corresponding to the captured image and a digital gain for a digital signal corresponding to the captured image before narrowing the electronic shutter, as the luminance level increases in the first dimming control and in the second dimming control as taught by Murase to provide brightness adjustment ([0076] of Murase).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Seto (US 20140371535), Negishi (US 20070112253), and Murase et al. (US 20190167080), as applied to claims 1 and 8 above, and in further view of Seo et al. (US 2009/0213244).
Seto, Negishi, and Murase disclose the invention substantially as claimed as stated above.
Regarding Claim 9, they do not explicitly disclose wherein the circuitry is further configured to decrease the analog gain to a minimum analog gain level and to decrease the digital gain to a minimum digital gain level before narrowing the electronic shutter, as the luminance level increases, in the first dimming control and in the second dimming control.
Seo teaches wherein the dimming control circuitry (microcomputer 20) is configured to decrease the analog gain to a minimum analog gain level and to decrease the digital gain to a minimum digital gain level before narrowing the electronic shutter ([0005]-[0010] an object with a high luminance level…automatically reduces an analog gain value for amplifying an output signal), as the luminance level increases, in the first dimming control and in the second dimming control ([0066]-[0074] a short shutter speed is applied and a digital gain reduction control operation is performed to thus convert an object image with a very high luminance level).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Seto, Negishi, and Murase to have wherein the dimming control circuitry is configured to decrease the analog gain to a minimum analog gain level and to decrease the digital gain to a minimum digital gain level before narrowing the electronic shutter, as the luminance level increases, in the first dimming control and in the second dimming control as taught by Seo to provide proper luminance level for capturing objects ([0011] of Seo).
Regarding Claim 10, they do not explicitly disclose wherein the circuitry is further configured to decrease the analog gain to a minimum analog gain level before reducing the light amount, as the luminance level increases, in the first dimming control and in the second dimming control.
Seo teaches wherein the dimming control circuitry (microcomputer 20) is further configured to decrease the analog gain to a minimum analog gain level before reducing the light amount, as the luminance level increases, in the first dimming control and in the second dimming control ([0005]-[0010] an object with a high luminance level…automatically reduces an analog gain value for amplifying an output signal).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Seto, Negishi, and Murase to have wherein the dimming control circuitry is further configured to decrease the analog gain to a minimum analog gain level before reducing the light amount, as the luminance level increases, in the first dimming control and in the second dimming control as taught by Seo to provide proper luminance level for capturing objects ([0011] of Seo).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hogg et al. (US 2004/0186376) see Paragraphs 0027 and 0036 describing how the user must also select the device as a safety measure; Hossack et al. (US 2007/0083111) see Paragraph 0006 discussing the standard means of user selection of a particular device among a group of devices; Kosugi et al. (US 2013/0008233) see Paragraph 0034 indicating that either RFID or manual input can be used for endoscope information.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY JAY NEAL whose telephone number is (313)446-4878. The examiner can normally be reached Mon-Fri 7:30-5:30.
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, Anhtuan Nguyen can be reached at (571)272-4963. 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.
/TIMOTHY J NEAL/ Primary Examiner, Art Unit 3795
Prosecution Insights