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 .
Election/Restrictions
Applicant’s election without traverse of Group I, which is drawn to a medical system, and applicable to Claim 1-18, in reply filed 06/29/2026, is acknowledge. Claims 19-20 are drawn to a non-elected species and are herein withdrawn.
Status of Claims
In the present application, claims 1-20 are currently pending. Claims 19-20 are withdrawn as being directed to a non-elected group. Claims 1-18 are examined below.
Claim Objections
Claims 4, 7, 9, and 17-18 are objected to because of the following informalities:
Claims 4 and 17 recite the limitation:
“translating the first video signal comprises:
applying the analog-to-digital converter to the first video signal, and
receiving, from the analog-to-digital converter, the second video signal.”
Such limitation could be interpreted to be a method step in a device claim, which can render the claim ambiguous under MPEP2173.05(p)(II). It is suggested to amend the limitation within the claims, with language similar to, but not limited to:
“wherein the translation of the video signal translator configured to:
apply[[ing]] the analog-to-digital converter to the first video signal, and
receive[[ing]], from the analog-to-digital converter, the second video signal.”
Claims 9 and 18 recites the limitation:
“translating the first video signal comprises:
applying the digital-to-analog converter to the first video signal, and
receiving, from the digital-to-analog converter, the second video signal.”
Such limitation could be interpreted to be a method step in a device claim, which can render the claim ambiguous under MPEP2173.05(p)(II). It is suggested to amend the limitation within the claims, with language similar to, but not limited to:
“wherein the translation of the video signal translator configured to:
apply[[ing]] the digital-to-analog converter to the first video signal, and
receive[[ing]], from the digital-to-analog converter, the second video signal.”
Claim 7 recites the limitation:
“wherein the translation of the first video signal to the second video signal comprises:
causing the lighting source to emit, at a first time, light having a first primary color;
capturing a first frame of video;
causing the lighting source to emit, at a second time, light having a second primary color different from the first primary color;
capturing a second frame of video; and
constructing the second video signal from the first frame of video and the second frame of video.”
Such limitation could be interpreted to be a method step in a device claim, which can render the claim ambiguous under MPEP2173.05(p)(II). It is suggested to amend the limitation within the claims, with language similar to, but not limited to:
“wherein the translation of the first video signal to the second video signal comprises the video signal translator configured to:
cause[[ing]] the lighting source to emit, at a first time, light having a first primary color;
capture[[ing]] a first frame of video;
cause[[ing]] the lighting source to emit, at a second time, light having a second primary color different from the first primary color;
capture[[ing]] a second frame of video; and
construct[[ing]] the second video signal from the first frame of video and the second frame of video.”
Appropriate correction is required.
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 1-18 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 1 recites the term "the translated video signal" in line 7, within the limitation “translate the first video signal from the first video signal format to a second video signal format that is different from the first video signal format; and output, to a control unit, the translated video signal as a second video signal.” There is insufficient antecedent basis for the term within the limitation of the claim. It is suggested to amend the limitation to state, “translate the first video signal from the first video signal format to a second video signal format, to form a translated video signal, that is different from the first video signal format; and output, to a control unit, the translated video signal as a second video signal.” Claims 2-15 either directly or indirectly depend from claim 1. Therefore claims 2-15 are also rejected because of their dependency on the rejected base claim, claim 1.
Claim 16 recites the term "the translated video signal" twice in lines 10 and 11. There is insufficient antecedent basis for the term within the claim. It is suggested to amend the limitation in lines 7-8 to state, “…translate the first video signal from the first video signal format to a second video signal format, to form a translated video signal, that is different from the first video signal format…”. Claims 17-18 directly depend from claim 16. Therefore claims 17-18 are also rejected because of their dependency on the rejected base claim, claim 16.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 8-10, 13-16, and 18 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Knapp II et al. (US8199187) hereinafter Knapp.
Regarding Claim 1, Knapp discloses 1, a medical system (Fig. 3 system 200) comprising:
a video signal translator (Fig. 3 imaging adapter 230) configured to:
receive a first video signal from an imaging device, the first video signal having a first video signal format; translate the first video signal from the first video signal format to a second video signal format that is different from the first video signal format ([col. 7 lines 13-20] “In one embodiment of the invention, the imaging adapter 230 additionally includes an image processing subsystem having components capable of decoding and converting the input digital video signals received from the image sensor at the distal tip of the endoscope into analog video signals in a standardized format according to any suitable method such as, for example, the image processing method described herein below.”); and
output, to a control unit, the translated video signal as a second video signal, wherein the control unit is configured to receive the second video signal and process the second video signal for output to an electronic display ([col. 6 lines 48 – 62] “While the primary purpose of the adapter 230 is to provide a connection from the endoscope 220 to the analog console 240, as shown in FIG. 3, the optional connection 236 that connects to the digital processor 250, such as a PC, may be provided in order to allow digital data to be recorded and stored on any digital medium associated with the digital processor 250. Images produced by the digital processor 250 may also be printed on a digital printer, sent to a network server (not shown), or saved to a computer readable medium such as a floppy disc, CD, DVD, and the like for later retrieval and analysis by medical personnel. A monitor 260 is shown attached to the digital video processor 250 and may be provided with analog video signals from the analog processor 240 and/or digital video signals from the digital processor 250 using methods well known by those of skill in the art.”)_
Regarding Claim 2, Knapp discloses the medical system of claim 1, further comprising a medical device (Fig. 3 endoscope 220) including a distal tip portion, the distal tip portion including the imaging device (image sensor) configured to output the first video signal in the first video signal format (digital video signal, [col. 7 lines 13-20] “In one embodiment of the invention, the imaging adapter 230 additionally includes an image processing subsystem having components capable of decoding and converting the input digital video signals received from the image sensor at the distal tip of the endoscope into analog video signals in a standardized format according to any suitable method such as, for example, the image processing method described herein below.”).
Regarding Claim 3, Knapp discloses the medical system of claim 2, wherein the video signal translator (Fig. 3 imaging adapter 230) is positioned within (via electrical connector outlet 226 of Fig. 3) a handle (Fig. 3 near reference numeral 222) of the medical device (Fig. 3 endoscope 220).
Regarding Claim 5, Knapp discloses the medical system of claim 4, wherein the imaging device is a Charge Coupled Device (CCD), and wherein the second video signal is compatible with a signal from a metal oxide semiconductor (CMOS) ([col. 5 line 49 – col. 6 line 10] “The image sensor 112 is preferably a low light sensitive, low noise, CMOS color imager with VGA resolution or higher, such as SVGA, SXGA, XGA or UXGA. If less resolution is required, a ½ or ¼ VGA sensor could also be used. Image sharpness should be consistent with FDA Guidance Documents for Endoscopes that suggests resolution of 5 line pairs per millimeter on an object surface, concentric with the entrance pupil, at an object distance of approximately 10 mm. This is consistent with the use of a VGA (640×480) pixel color imager, such as those manufactured using CMOS or CCD technology by companies such as Micron, Inc. or ST Microelectronics. For conventional video systems, a minimum frame rate of 25 to 30 fps is required to achieve the appearance of real-time video. An important advantage of the use of the digital image sensor 112 is that the analog-to-digital conversion occurs on the imager rather than on a separate chip at the distal tip or in the drive electronics at the proximal end of the endoscope, thereby providing a high quality image with an more accurate representation of the image sensor output.”).
Regarding Claim 8, Knapp discloses the medical system of claim 1, wherein the system further comprises a processor that is configured to deconstruct the first video signal into separate primary color components and construct the second video signal with the primary color components into a mosaic, wherein each pixel value of the second video signal comprises a single primary color component (Fig. 6 step 650, [col. 11 lines 4-14] “At 650, the digital video data is color space converted and demosaicized to interpolate the color for each pixel into the red-green-blue (“RGB”) color video format. The color signal for each pixel is calculated via a demosaicing process that is used with pixilated color CMOS sensors. Various color space conversions may be used to enhance the image signal and provide the data in a format consistent with additional enhancement methods, such as smoothing and sharpening. For example, a sharpening algorithm may be applied to the image data to improve the perceived sharpness and resolution of the image (e.g., a 3×3, 5×5, or 7×7 sharpening kernel).”).
Regarding Claim 9, Knapp discloses the medical system of claim 1, wherein the first video signal format is a digital signal format (Fig. 6 step 600), the second video signal is an analog signal format (Fig. 6 step 690); the video signal translator comprises a digital-to-analog converter (Fig. 6 step 680), and translating the first video signal comprises: applying the digital-to-analog converter to the first video signal, and receiving, from the digital-to-analog converter, the second video signal (Fig. 6 steps 680-690, [col. 11 lines 19-22] “At 680, the digital video data in standard line memory format is converted from digital to standardized analog format via a digital-to-analog (D/A) converter and analog encoder. The analog signal is output to an analog processor or analog display device at 690 in a standardized format, such as NTSC or PAL, suitable for output as composite video, S-video, and/or RGB analog video.”).
Regarding Claim 10, Knapp discloses the medical system of claim 9, wherein the imaging device is a CMOS device, and wherein the second video signal is compatible with a signal from a CCD ([col. 5 line 49 – col. 6 line 10] “The image sensor 112 is preferably a low light sensitive, low noise, CMOS color imager with VGA resolution or higher, such as SVGA, SXGA, XGA or UXGA. If less resolution is required, a ½ or ¼ VGA sensor could also be used. Image sharpness should be consistent with FDA Guidance Documents for Endoscopes that suggests resolution of 5 line pairs per millimeter on an object surface, concentric with the entrance pupil, at an object distance of approximately 10 mm. This is consistent with the use of a VGA (640×480) pixel color imager, such as those manufactured using CMOS or CCD technology by companies such as Micron, Inc. or ST Microelectronics. For conventional video systems, a minimum frame rate of 25 to 30 fps is required to achieve the appearance of real-time video. An important advantage of the use of the digital image sensor 112 is that the analog-to-digital conversion occurs on the imager rather than on a separate chip at the distal tip or in the drive electronics at the proximal end of the endoscope, thereby providing a high quality image with an more accurate representation of the image sensor output.”).
Regarding Claim 13, Knapp discloses the medical system of claim 2, further comprising an adaptor (Fig. 3 proximal connector 222) having (via electrical connector outlet 226 of Fig. 3) the video signal translator (Fig. 3 imaging adapter 230), wherein the adaptor (Fig. 3 proximal connector 222) is attachable to the medical device (Fig. 3 endoscope 220).
Regarding Claim 14, Knapp discloses the medical system of claim 13, wherein the medical device (Fig. 3 endoscope 220) is an endoscope (Fig. 3 endoscope 220), and wherein the adaptor (Fig. 3 proximal connector 222) comprises a light coupling (Fig. 1 light source 50) configured to propagate light from a lighting source to the endoscope (Fig. 3 endoscope 220).
Regarding Claim 15, Knapp discloses the medical system of claim 1, wherein the control unit (Fig. 3 analog console 240) is configured to process the second video signal prior to outputting the second video signal to an electronic display (Fig. 3 monitor 260).
Regarding Claim 16, Knapp discloses a medical system (Fig. 4 system 300) comprising:
a medical device (Fig. 4 endoscope 303) including a shaft Fig. 4 shaft of endoscope 303, similar to shaft of endoscope 220 in Fig. 3 or flexible elongated shaft 103 in Fig. 2) having a distal tip portion (Fig. 4 distal tip portion 302), the distal tip portion (Fig. 4 distal tip portion 302) including an imaging device (Fig. 4 imager 312) configured to output a first video signal in a first video signal format (digital, [col. 8 lines 23-53] “The digital video signal line 314 transmits digital video data from the imager 312 to the camera card 360 located in the imaging adapter 350.”); and
a video signal translator (Fig. imaging adapter 350) configured to:
receive ([col. 8 lines 23-53]) the first video signal (digital video signal) from the imaging device (imager 312), (Fig. 6 step 600);
translate the first video signal from the first video signal format (digital) to a second video signal format (analog) that is different from the first video signal format (Fig. 6 step 680); and
a control unit configured to: receive the translated video signal from the video signal translator, and process the translated video signal into an image processed video signal for output ([col. 10 line 6-col. 11 line 34] “…the digital signal is converted from digital to analog in the digital-to-analog converter 366 and interlaced to transform it from a progressive scan format into a standard interlaced analog video format for output to an analog processor and display device.”)
Regarding Claim 18, Knapp discloses the medical device system (Fig. 4 system 300) of claim 16, wherein the first video signal format is a digital signal format ([col. 8 lines 23-53]), the second video signal is an analog signal format ([col. 10 line 6-col. 11 line 34]); the video signal translator comprises a digital-to-analog converter, and translating the first video signal comprises: applying the digital-to-analog converter to the first video signal, and receiving, from the digital-to-analog converter, the second video signal (Fig. 6 steps 680-690, [col. 11 lines 19-22] “At 680, the digital video data in standard line memory format is converted from digital to standardized analog format via a digital-to-analog (D/A) converter and analog encoder. The analog signal is output to an analog processor or analog display device at 690 in a standardized format, such as NTSC or PAL, suitable for output as composite video, S-video, and/or RGB analog video.”)..
Claims 1-2, 4, 6-7, 11, and 15-17 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Okawa et al. (US2014/0340496) hereinafter Okawa.
Regarding Claim 1, Okawa discloses a medical system (Fig. 1 endoscope system 1) comprising:
a video signal translator (Fig. 2 image pickup device 244, [0045-0057]) configured to:
receive a first video signal (analog, [0446-0047]) from an imaging device (Fig. 2 sensor unit 244a), the first video signal having a first video signal format (analog, [0446-0047]);
translate the first video signal (analog, [0446-0047]) from the first video signal format (analog, [0446-0047]) to a second video signal format (digital [0446-0047]) that is different from the first video signal format (analog, [0446-0047]); and
output, to a control unit (Figs. 1-2 control device 3), the translated video signal (digital [0446-0047]) as a second video signal (digital [0446-0047]), wherein the control unit (Figs. 1-2 control device 3) is configured to receive the second video signal and process the second video signal for output to an electronic display (Figs. 1-2 display device 5, [0057, 0077]).
Regarding Claim 2, Okawa discloses the medical system of claim 1, further comprising a medical device (Figs. 1-2 endoscope 2) including a distal tip portion (Figs. 1-2 distal end portion 24), the distal tip portion (Figs. 1-2 distal end portion 24) including the imaging device (Fig. 2 image pickup device 244) configured to output the first video signal in the first video signal format ([0045-0051]).
Regarding Claim 4, Okawa discloses the medical system of claim 1, wherein: the first video signal format is an analog video format (analog, [0446-0047]), the second video signal format is a digital video format (digital [0446-0047]), the video signal translator comprises an analog-to-digital converter (Fig. 2 A/D converter 244j), and translating the first video signal comprises: applying the analog-to-digital converter to the first video signal, and receiving, from the analog-to-digital converter, the second video signal ([0048]).
Regarding Claim 6, Okawa discloses the medical system of claim 1, wherein: the first video signal comprises a first frame rate, and the system further comprises a processor that is configured to adjust the first frame rate of the first video signal to a second frame rate of the second video signal, wherein the second frame rate is different than the first frame rate ([0050] “The storage unit 244 k is implemented by using a semiconductor memory such as a flash memory or a DRAM (Dynamic Random Access Memory), and stores identification information of the control device 3, observation information indicating that an observation method is a simultaneous method or a frame sequential method, an imaging speed (frame rate) of the image pickup device 244, setting information such as a pixel information reading speed of the sensor unit 244 a from an optional pixel and a shutter control setting, transmission control information of the pixel information read by the AFE unit 244 b, pattern information of a test pattern signal (electrical signal corresponding to a prescribed display pattern) so as to identify an abnormality location, and so on. Note that the test pattern signal includes an electrical signal corresponding to a pseudo video signal.”).
Regarding Claim 7, Okawa discloses the medical system of claim 2, further comprising a lighting source (Figs. 1-2 light source device 4) configured to cause light to be emitted at the distal tip portion (Figs. 1-2 distal end portion 24, [0042] “…a light source device 4 configured to generate illuminating light emitted from the distal end of the endoscope 2…”), and wherein the translation of the first video signal to the second video signal comprises: causing the lighting source to emits, at a first time, light having a first primary color; capturing a first frame of video; causing the lighting source to emit, at a second time, light having a second primary color different from the first primary color; capturing a second frame of video; and constructing the second video signal from the first frame of video and the second frame of video ([0058-0065], Fig. 6c).
Regarding Claim 11, Okawa discloses the medical system of claim 1, wherein the first video signal format is an analog video signal format with a first signaling type (analog, [046-0047]), and the second video signal format is a second analog video signal format having a second signaling type that is different the first signaling type (analog, [0446-0047]).
Regarding Claim 15, Okawa discloses the medical system of claim 1, wherein the control unit (Figs. 1-2 control device 3) is configured to process the second video signal prior to outputting the second video signal to an electronic display (Figs. 1-2 display device 5).
Regarding Claim 16, Okawa discloses a medical system comprising:
a medical device (Figs. 1-2 endoscope 2) including a shaft (Fig. 1 insertion portion 21) having a distal tip portion(Figs. 1-2 distal end portion 24), the distal tip portion (Figs. 1-2 distal end portion 24) including an imaging device (Fig. 2 image pickup device 244) configured to output a first video signal in a first video signal format ([0045-0051]); and
a video signal translator (Fig. 2 image pickup device 244, [0045-0057]) configured to:
receive the first video signal (analog, [0446-0047]) from the imaging device (Fig. 2 image pickup device 244 via sensor unit 244a);
translate the first video signal (analog, [0446-0047]) from the first video signal format (analog, [0446-0047]) to a second video signal format (digital [0446-0047]) that is different from the first video signal format (analog, [0446-0047]); and
a control unit (Figs. 1-2 control device 3) configured to:
receive the translated video signal (digital [0446-0047]) from the video signal translator (Fig. 2 image pickup device 244, [0045-0057]), and
process the translated video signal (digital [0446-0047]) into an image processed video signal for output(Figs. 1-2 for the display device 5, [0057, 0077]).
Regarding Claim 17, Okawa discloses the medical system of claim 16, wherein: the first video signal format is an analog video format (analog, [0446-0047]), the second video signal format is a digital video format (digital [0446-0047]), the video signal translator (Fig. 2 image pickup device 244, [0045-0057]) comprises an analog-to-digital converter (Fig. 2 A/D converter 244j), and translating the first video signal comprises: applying the analog-to-digital converter (Fig. 2 A/D converter 244j) to the first video signal (analog, [0446-0047]), and receiving, from the analog-to-digital converter(Fig. 2 A/D converter 244j), the second video signal (digital [0446-0047]).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Knapp.
Regarding Claim 12, Knapp discloses the medical system of claim 1. But in the embodiment referenced in claim 1 in view of Knapp is silent to further explain wherein each of the first video signal format and the second video signal format conform to a Low Voltage Differential Signaling (LVDS) format or a Mobile Industry Processor Interface (MIPI) format.
However in another embodiment disclosed in Knapp teaches wherein each of the first video signal format and the second video signal format conform to a Low Voltage Differential Signaling (LVDS) format or a Mobile Industry Processor Interface (MIPI) format. (col. 4 line 17-27] “As shown in FIG. 4, a clock receiver 320 located at the distal tip 302 of the endoscope receives a clocking signal 356 produced by a remote clock source 354 located in the adapter 350. The clocking signal 356 may be, for example, a low voltage differential signal (“LVDS”) clocking signal or other source that can be used as a reference to transmit data from the distal tip 302 through the endoscope 303 to the adapter 350. By locating the master clock 354 remotely in the adapter 350, a reduction in the size of the distal tip 302 is possible along with an associated reduction in cost of the endoscope such that it may be disposed of as medical waste after a single use.”)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the first referenced embodiment of Knapp in reference to claim 1, with the second embodiment of Knapp to include wherein each of the first video signal format and the second video signal format conform to a Low Voltage Differential Signaling (LVDS) format or a Mobile Industry Processor Interface (MIPI) format for the benefit of having “…a reduction in the size of the distal tip …[which] is possible along with an associated reduction in cost of the endoscope such that it may be disposed of as medical waste after a single use.” (Knapp - [col. 4 line 17-27]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Nielson et al. (US2023/0410983);
Kennedy et al. (US2020/0022570); and
Masamitsu Ogasawara (US2018/0332249).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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