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 .
Status of the Claims
Currently, claims 2-13 are pending in the application. Claims 2 & 11 are amended.
Response to Arguments / Amendments
Applicant’s arguments have been fully considered, but they are not persuasive, see discussion below.
Rejections under 35 U.S.C. § 103:
The applicant argued that the applied references fail to disclose or suggest "displaying sequentially the plurality of first images in a first area region of a display according to a first display frame rate higher than the first imaging frame rate; and displaying sequentially the plurality of second images in a second area region of the display different from the first region according to a second display frame rate lower than the first display frame rate," as recited in amended independent claim 2.
FUJII teaches displaying the first images according to a first display frame rate higher than the first imaging frame having an acquisition condition for acquiring an image for image analysis at a frame rate that is lower than the frame rate for viewing , i.e. displaying at higher rate than imaging rate [first display frame rate higher than first imaging frame] ([0006]);
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FUJII further teaches also displaying at a second display frame rate lower than the first display frame rate with a frame rate of an image for display be 30 FPS or more and an image for analysis even if a frame rate of the image for analysis is relatively low, for example, 1 FPS or less based on the display-purpose acquisition condition setting information and the analysis-purpose acquisition condition setting information in such a manner that an image for display with good visibility and an image with good analyticity are outputted [0037], [0073]).
FUJII also further the first imaging frame rate is higher than the second imaging frame rate since WLI<Raw> indicates a picked-up image with a high frame rate (for example, 30 FPS or more, and NBI<Raw> a picked-up image with a low frame rate (for example, around 1 FPS, i.e. first imaging rate is higher than the second imaging rate ([0076], FIG. 6).
It should be further noted that Applicant has not presented any specific arguments with regards to the rejections of the dependent claims.
Accordingly, Examiner maintains the rejection with regards to above arguments.
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 of this title, 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 2-13 are rejected under 35 U.S.C. 103 as being unpatentable over ITO et al. (US 20210145248, hereinafter ITO) in view of FUJII et al. (US 20230039047, hereinafter FUJII).
Regarding Claim 2, ITO discloses an endoscope system (FIG. 1) comprising:
an endoscope that includes an image pick-up sensor ([0065], FIG. 1, endoscope apparatus 10 with a control device 100, a scope section 200, a display section 300, and an input section 600. a scope, an imaging section, or an imaging device);
one or more processor ([0065], FIG. 1, endoscope apparatus 10 with a control device 100), wherein the one or more processor is configured to perform followings in a first observation mode:
controlling a plurality of semiconductor light sources ([0079], FIG. 1, The illumination light control circuit 150 controls the light sources LDa , emits blue-violet, to LDe, emits red light) to intermittently irradiate each of a first illumination light and a second illumination light having a spectrum different from that of the first illumination light ([0077] FIG. 2, light source LDa emits blue-violet laser light having a wavelength λa of 405 nm; light source LDb emits blue laser light having a wavelength λb of 445 nm; light source LDc emits green laser light having a wavelength λc of 532 nm; light source LDd emits orange laser light having a wavelength λd of 600 nm and light source LDe emits red laser light having a wavelength λe of 635 nm);
acquiring sequentially a plurality of first image captured by imaging a subject according to a first imaging frame rate during a first period during which the first illumination light is irradiated ([0072], an image signal line 215 transmits image signals of an image captured by the imaging unit 213 to the control device 100; [0107], FIG. 4, In a time period from T1 to T2, image sensor detects blue, green and red lights from the light sources LDb, LDc, and LDe respectively);
acquiring sequentially a plurality of second image captured by imaging the subject according to a second imaging frame rate during a second period during which the second illumination light is irradiated ([0072], an image signal line 215 transmits image signals of an image captured by the imaging unit 213 to the control device 100; [0108], FIG. 4, Subsequently, in the time period from T2′ to T1, the image sensor detects purple light from the light source LDa; green light from the light source LDc and Orange light from the light source LDd );
displaying sequentially the plurality of first images in a first area region of a display ([0109] FIG. 4, generates the display image from the B, G, and R images captured between T1 and T2, allocating a combined image composed of the R image and the A image to an R channel of the display image, allocates the B image to a B channel of the display image, and allocates the G image to a G channel of the display image); and
displaying sequentially the plurality of second images in a second area region of the display different from the first region ([0109] FIG. 4, generates the display image from the A image captured between T2 and T1, i.e. outputting the V image and the G image captured between T2 and T1′ to the diagnosis support section 121 as the support image).
ITO does not explicitly disclose displaying sequentially the plurality of first images according to a first display frame rate higher than the first imaging frame rate; displaying sequentially the plurality of second images according to a second display frame rate lower than the first display frame rate, and wherein the first imaging frame rate is higher than the second imaging frame rate.
FUJII teaches displaying sequentially the plurality of first images according to a first display frame rate higher than the first imaging frame ([0006], acquisition condition for acquiring an image for image analysis at a frame rate that is lower than the frame rate for viewing , i.e. displaying at higher rate than imaging rate[first display frame rate higher than first imaging frame]);
displaying sequentially the plurality of second images according to a second display frame rate lower than the first display frame rate [0037], [0073], frame rate of an image for display be 30 FPS or more and an image for analysis even if a frame rate of the image for analysis is relatively low, for example, 1 FPS or less based on the display-purpose acquisition condition setting information and the analysis-purpose acquisition condition setting information in such a manner that an image for display with good visibility and an image with good analyticity are outputted);
the first imaging frame rate is higher than the second imaging frame rate ([0076], FIG. 6, WLI<Raw> indicates a picked-up image with a high frame rate (for example, 30 FPS or more, and NBI<Raw> a picked-up image with a low frame rate (for example, around 1 FPS, i.e. first imaging rate is higher than the second imaging rate).
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Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of display frame rate higher than the first imaging frame rate as taught by FUJII ([0037]) into the endoscope system of ITO in order to provide systems for an image with good analyticity refers to an image that enables obtaining a high-accuracy analysis result (FUJII, [0029]).
Regarding Claim 3, ITO in view of FUJII discloses the endoscope system according to claim 2, FUJII discloses the one or more processor is configured to perform followings: displaying the first image and an image generated from the first image in the first area region at a first display frame rate that is higher than the first imaging frame rate ([0037], frame rate of an image for display be 30 FPS or more from the perspective of a human being viewing the image for display, useful information can be obtained from an image for analysis even if a frame rate of the image for analysis is relatively low, for example, 1 FPS or less). The same reason or rational of obviousness motivation applied as used above in claim 2.
Regarding Claim 4, ITO in view of FUJII discloses the endoscope system according to claim 2, FUJII discloses wherein the first area region is larger than the second area region ([0117], a display-purpose acquisition condition a WLI image based on WLI<Raw> frames may be used as an image for display, and the WLI image and an NBI image based on NBI<Raw> frames may be used as images for analysis; [0161], FIG. 16, an image with high-accuracy marking of an area deemed as a lesion site based on respective image information (image-for-display information and image-for-analysis information) with no lack, the image information being provided from the video processor 3 in such a manner as above, to the monitor (display) 5 and provides the image to a surgeon as navigation information).
Regarding Claim 5, ITO in view of FUJII discloses the endoscope system according to claim 2, FUJII discloses the one or more processor is configured to perform followings: displaying the first image and an image generated from the first image in the first area region at a first display frame rate that is higher than the first imaging frame rate ([0006], acquisition condition for acquiring an image for image analysis at a frame rate that is lower than the frame rate for viewing; [0037], frame rate of an image for display be 30 FPS or more from the perspective of a human being viewing the image for display, useful information can be obtained from an image for analysis even if a frame rate of the image for analysis is relatively low, for example, 1 FPS or less);
wherein the first area region is larger than the second area region ([0117], a display-purpose acquisition condition a WLI image based on WLI<Raw> frames may be used as an image for display, and the WLI image and an NBI image based on NBI<Raw> frames may be used as images for analysis; [0161], FIG. 16, an image with high-accuracy marking of an area deemed as a lesion site based on respective image information (image-for-display information and image-for-analysis information) with no lack, the image information being provided from the video processor 3 in such a manner as above, to the monitor (display) 5 and provides the image to a surgeon as navigation information).
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The same reason or rational of obviousness motivation applied as used above in claim 2.
Regarding Claim 6, ITO in view of FUJII discloses the endoscope system according to claim 2, ITO discloses wherein a ratio of the violet component to the green component in the second illumination light is higher than a ratio of the violet component to the green component in the first illumination light ([0109] FIG. 4, generates the display image from the A image captured between T2 and T1, i.e. outputting the V image and the G image captured between T2 and T1′ to the diagnosis support section 121 as the support image).
Regarding Claim 7, ITO in view of FUJII discloses the endoscope system according to claim 6, FUJII discloses wherein the second image is an image in which a blood vessel structure is more emphasized than in the first image ([0163] FIG. 16, based on respective image information (image-for-display information and image-for-analysis information) with no lack, the image information being provided from a video processor 3 in such a manner as above, the navigation apparatus 30 outputs information, for example, a position of a tumor, a resection area and a position of a major blood vessel, to a monitor (display) 5 and provides the information to a surgeon as navigation information). The same reason or rational of obviousness motivation applied as used above in claim 2.
Regarding Claim 8, ITO in view of FUJII discloses the endoscope system according to claim 6, ITO discloses wherein the second image is the pseudo-color processed image ([0109] FIG. 4, generates the display image from the A image captured between T2 and T1, i.e. outputting the V image and the G image captured between T2 and T1′ to the diagnosis support section 121 as the support image – not complete RGB image or color).
Regarding Claim 9, ITO in view of FUJII discloses the endoscope system according to claim 2, ITO discloses the one or more processor is configured to perform followings: controlling the plurality of semiconductor light sources so as to intermittently irradiate the first illumination light and the second illumination light during a period excluding a reading period of an image pick-up period of the image sensor ([0134], illumination light control circuit 150 causes the light sources LDb, LDc, and LDe to emit light. Subsequently, in a time period from T2 to T1′ excluding a readout time of the image sensor, the illumination light control circuit 150 causes the light sources LDa and LDd to emit light and The V image, the B image, the G image, the A image, and the R images are obtained just as described with reference to FIG. 4).
Regarding Claim 10, ITO in view of FUJII discloses the endoscope system according to claim 2, ITO discloses wherein the plurality of semiconductor light sources include at least a purple semiconductor element that generates purple light in the wavelength range of 380 to 420 nm, a blue semiconductor element that generates blue light B in the wavelength range of 420 to 500 nm, a green semiconductor element that generates green light G in the wavelength range of 480 to 600 nm, and a red semiconductor element that generates red light R in the wavelength range of 600 to 650 nm ([0077] FIG. 2, light source LDa emits blue-violet laser light having a wavelength λa of 405 nm; light source LDb emits blue laser light having a wavelength λb of 445 nm; light source LDc emits green laser light having a wavelength λc of 532 nm; light source LDd emits orange laser light having a wavelength λd of 600 nm and light source LDe emits red laser light having a wavelength λe of 635 nm).
Regarding Claim 11, ITO in view of FUJII discloses the endoscope system according to claim 2, ITO discloses the one or more processor is configured to perform followings in a first observation mode that can be switched to the first observation mode: controlling the plurality of semiconductor light sources to continuously irradiate the subject with a third illumination light ([0077] FIG. 2, light source LDa emits blue-violet laser light having a wavelength λa of 405 nm; light source LDb emits blue laser light having a wavelength λb of 445 nm; light source LDc emits green laser light having a wavelength λc of 532 nm; light source LDd emits orange laser light having a wavelength λd of 600 nm and light source LDe emits red laser light having a wavelength λe of 635 nm);
FUJII discloses acquiring sequentially a plurality of third images of the subject according to a third imaging frame rate during a third period during which the third illumination light is irradiated; displaying sequentially the plurality of third images in the first area region of the display at a third display frame rate that is equal to or lower than the third imaging frame rate ([0006], acquisition condition for acquiring an image for image analysis at a frame rate that is lower than the frame rate for viewing; [0037], frame rate of an image for display be 30 FPS or more from the perspective of a human being viewing the image for display, useful information can be obtained from an image for analysis even if a frame rate of the image for analysis is relatively low, for example, 1 FPS or less). The same reason or rational of obviousness motivation applied as used above in claim 2.
Regarding Claim 12, ITO in view of FUJII discloses the endoscope system according to claim 11, FUJII discloses wherein the third imaging frame rate is higher than the first imaging frame rate and the second imaging frame rate ([0130], acquisition condition designating unit 35 generates display-purpose acquisition condition setting information for maintaining a frame rate of WLI<Raw> frames to be used as an image for display at 30 FPS or more. For example, the acquisition condition designating unit 35 generates analysis-purpose acquisition condition setting information for acquiring DRI<Raw> frames for a DRI image, which is an image for analysis, at 2 FPS. For example, the acquisition condition designating unit 35 does not respond to the request of priority 3 in consideration of a maximum limit of frame rate enabling image pickup). The same reason or rational of obviousness motivation applied as used above in claim 2.
Regarding Claim 13, ITO in view of FUJII discloses the endoscope system according to claim 11, ITO discloses wherein the third illumination light has the same spectrum as the first illumination light or the second illumination light ([0077] FIG. 2, light source LDc emits green laser light having a wavelength λc of 532 nm on both sets of images in the periods of T2′ to T1, and T1 to T2 ).
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 Samuel D Fereja whose telephone number is (469)295-9243. The examiner can normally be reached 8AM-5PM.
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, DAVID CZEKAJ can be reached at (571) 272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL D FEREJA/Primary Examiner, Art Unit 2487
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