Detailed Office Action
1. This communication is being filed in response to the submission having a mailing date of (01/14/2025) in which a (3) month Shortened Statutory Period for Response has been set.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgements
3. Upon initial entry, claims (1 -20) appear pending for examination, of which (1, 10, 15) are the three (3) parallel running independent claims on record.
Information Disclosure Statement
4. The Information Disclosure Statement (IDS) that was submitted on (01/14/2025) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
5. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
6. The submitted Drawings on date (01/14/2025) has been accepted and considered under the 37 CFR 1.121 (d).
Claim rejection section
Double Patent
7. The nonstatutory double patenting rejection is based on a judicially created doctrine
grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
improper timewise extension of the “right to exclude” granted by a patent and to prevent
possible harassment by multiple assignees. A nonstatutory obviousness-type double
patenting rejection is appropriate where the conflicting claims are not identical, but at least
one examined application claim is not patentably distinct from the reference claim(s) because
the examined application claim is either anticipated by, or would have been obvious over, the
reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998);
In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887,
225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA
1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418
F.2d 528, 163 USPQ 644 (CCPA 1969).
7.1. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may
be used to overcome an actual or provisional rejection based on a nonstatutory double
patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
7.2. Independent claims (1, 10 and 15) and the correspondent associations, in the instant Application 19/019,836 is/are rejected on the ground of nonstatutory obvious-type double patenting as being unpatentable over the analogous Claims of the parent application 18/353,271 (now US 12, 231,829). Although the conflicting claims are not identical, they are not patentably distinct from each other, because the claims use similar scope of the invention, and/or a similar variation of the same claim language.
Instant Application
19/019,836
Reference: 18/353,271
(now US 12, 231,829)
Claim 1. A method of enhancing images obtained by a medical device system using a contrast limited adaptive histogram equalization (CLAHE) process, wherein the medical device system comprises (a) one or more processing boards configured to implement the process, and (b) a medical device operatively coupled to the one or more processing boards, wherein the medical device is configured to be inserted into a body of a patient and includes a first viewing element, the method comprising the steps of: receiving a YCbCr color space video stream; converting the YCbCr color space video stream to Lab color space video stream building histogram information based on the Lab color space video stream, including splitting the Lab color space video stream into a plurality of tiles, wherein each of the plurality of tiles overlaps with its neighboring tiles; converting the histogram information into cumulative distribution function values; obtaining the Lab color space video stream as Lab color space frames; rearranging the Lab color space frames to generate a delayed Lab stream; generating an enhanced Lab stream, using the delayed Lab stream and the cumulative distribution function values; and
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displaying an output video stream indicative of the enhanced Lab stream.
Claim 10. A medical device system comprising: a control unit configured to be operatively coupled to a medical device, wherein the control unit comprises: one or more processing boards that implement a contrast limited adaptive histogram equalization (CLAHE) algorithm to enhance images obtained by a first viewing element of the medical device, wherein the one or more processing boards perform the steps of: receiving a first video stream from the first viewing element, building first histogram information based on a first portion of the first video stream, building second histogram information based on a second portion of the first video stream, converting the first histogram information into first cumulative distribution function values, including applying a first clipping threshold to the first histogram information,3 converting the second histogram information into second cumulative distribution function values, including applying a second clipping threshold to the second histogram information, wherein the second clipping threshold is different from the first clipping threshold, generating a first enhanced video stream based on the first cumulative distribution function values and the second cumulative distribution function values, and sending an output video stream indicative of the first enhanced video stream to a display.
Claim 15. A non-transient computer readable medium containing program instructions for causing a computer to perform a method of enhancing images obtained by a first viewing element in a medical device system using a contrast limited adaptive histogram equalization (CLAHE) process, wherein said medical device system comprises a processor configured to implement the process, and a medical device operatively coupled to the processor, the medical 5 device being configured for insertion into a body of a patient and including the first viewing element, the method comprising the steps of: receiving a first video stream from the first viewing element, building first histogram information based on a first portion of the first video stream, building second histogram information based on a second portion of the first video stream, converting the first histogram information into first cumulative distribution function values, including applying a first clipping threshold to the first histogram information, converting the second histogram information into second cumulative distribution function values, including applying a second clipping threshold to the second histogram information, wherein the second clipping threshold is different from the first clipping threshold, generating a first enhanced video stream based on the first cumulative distribution function values and the second cumulative distribution function values, and sending an output video stream indicative of the first enhanced video stream to a display.
Claim 8. A method of enhancing images obtained by at least two viewing elements in an endoscope system using a contrast limited adaptive histogram equalization (CLAHE) process wherein said endoscope system includes a controller having a baseboard module comprising a field programmable gate array (FPGA) configured to implement said process, said method comprising the steps of: inputting YCbCr color space video streams to an adapter on said FPGA; converting said YCbCr color space video streams to Lab color space video streams within said adapter; pushing said Lab color space video streams to a frame grabber on said FPGA; grabbing said Lab color space video streams as Lab color space frames within said frame grabber; pulling said Lab color space frames from the frame grabber using a fetching module on said FPGA; rearranging Lab color space frame data within said fetching module to generate delayed Lab streams; pushing said delayed Lab streams to separate modules within an interpolation algorithm on said FPGA; and processing said delayed Lab streams with said CLAHE algorithm within said separate modules to generate contrast enhanced Lab streams.
Claim 12. A method of enhancing images obtained by at least two viewing elements in an endoscope system using a contrast limited adaptive histogram equalization (CLAHE) process wherein said endoscope system includes a controller with a baseboard module comprising a processor configured to implement said process, said method comprising the steps of: inputting two YCbCr color space video streams from at the least two viewing elements to an adapter on said processor, each viewing element providing one of said two YCbCr color space video streams; converting each of the at least two YCbCr color space video streams to corresponding at least two Lab color space video streams within said adapter; transmitting the at least two Lab color space video streams to a frame grabber on said processor; acquiring the at least two Lab color space video streams as corresponding at least two Lab color space frames within said frame grabber; acquiring the at least two Lab color space frames from the frame grabber using a fetching module on said processor; rearranging Lab color space frame data within said fetching module to generate at least two delayed Lab streams corresponding to the at least two Lab color space frames acquired by the fetching module; transmitting the at least two delayed Lab streams to corresponding at least two separate modules executing an interpolation algorithm on said processor; and processing each delayed Lab stream with said interpolation algorithm within said separate modules to generate at least two contrast enhanced Lab streams, wherein said interpolation algorithm is a CLAHE algorithm.
7.3. It would have been obvious to one of ordinary skill in the art, at the time the invention was made/filed, to combine the instant 19/019,836, with the cited above reference(s), because although the conflicting claims are not identical, they are not patentably distinct from each other, the claim language uses similar scope of the invention, and/or a similar variation of the same claim language.
Claim Objection section
8. Claims (1, 10 and 15) are objected to, but it may be considered for allowance if properly rewritten, and/or if timely file a Terminal Disclaimer, linking the instant (19/019,836) with the discussed above family of cases (see section 7 for details), in compliance with the provisions 37 CFR 1.321(c) and/or 1.321(d).
Prior Art Citations
9. The following List of prior art, made of record and not relied upon, is/are considered
pertinent to applicant's disclosure:
9.1. Patent documentation
US 8,712,151 B2 Zhao; et al. A61B34/30; H04N1/6027; G06T5/94;
US 8,154,663 B2 Jia; et al. H04N21/4318; H04N5/57;
US 8,666,151 B2 Kim; et al. G06T5/92; G06T5/40; H04N1/4074;
US 9,898,686 B2 Taylor; et al. G06V10/761; G06V20/52; G06F18/22;
US 10,367,974 B2 Kikuchi; et al. A61B1/04; G06T1/00; H04N5/2256;
US 10,516,865 B2 Sidar; et al. A61B1/000095; G06T5/20; G06T5/92;
US 10,791,308 B2 Sidar; et al. G06T5/20; H04N9/646; G06T5/92;
US 11,330,238 B2 Sidar; et al. G06T5/40; H04N9/646; A61B1/000095;
US 11,750,782 B2 Sidar; et al. A61B1/000095; G06T5/92; G06T5/40;
US 12,231,829 B2 Sidar; et al. G06T5/40; G06T5/92; A61B1/000095;
9.2. Non-Patent documentation:
_ Evaluation of contrast limited adaptive histogram equalization CLAHE on a FPGA; 2008
_ YUV YCbCr YPbPr color spaces; 2010.
_ Image color conversion; 2010.
CONCLUSIONS
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS PEREZ-FUENTES (luis.perez-fuentes@uspto.gov) whose telephone number is (571) 270 -1168. The examiner can normally be reached on Monday-Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM VAUGHN can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is (571) 272 -1168. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated system, please call (800) 786 -9199 (USA OR CANADA) or (571) 272 -1000.
/LUIS PEREZ-FUENTES/
Primary Examiner, Art Unit 2481.