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, claims 1-11 in the reply filed on 7/7/26 is acknowledged. The traversal is on the ground(s) that the statement of the generic claim is incorrect. This is found persuasive.
In the previous election/restrictions requirement, “claims 1-11” is an typo. It should have been “claim 11”. However, after careful review of the disclosure and even with claim 11 being the generic claim, the embodiments as shown in Figures 1, 2, 12, 13 and 14 are not deemed to be different species since the embodiments in Figures 1, 12, 13 and 14 utilize the same circuitry of Fig. 2 for different optical purposes. The claimed inventions as recited in claims 1-11 all fall into medical control device of Figure 2, but none of the different modifications of Figures 1, 12, 13 and 14. As a result, the requirement is deemed in error and is therefore withdraw from consideration. The Office apologizes for the confusion.
Claim Rejections - 35 USC § 102
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.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kojima (2022/0225857).
Regarding claim 9, Kojima discloses a medical control device comprising:
an imaging control unit (94) configured to control an operation of an imaging element (521) and causes the imaging element to capture return light from an observation target irradiated with narrow band light (3), wherein the imaging control unit includes a shutter control unit (par. 79) configured to change a signal value related to an image by controlling an opening amount of a shutter for imaging, the image being generated by the imaging element when the return light is captured, and
the shutter control unit is configured to set the opening amount of the shutter to a second opening amount smaller than a first opening amount to desaturate the signal value when the signal value is saturated in a case where the opening amount of the shutter is set to the first opening amount (note par. 77-100).
Regarding claim 11, Kojima discloses a medical observation system comprising: an imaging element (521) configured to capture return light from an observation target irradiated with narrow band light (3); and
an imaging control unit (94) configured to control an operation of the imaging element, wherein the imaging control unit includes a shutter control unit (note par. 79) configured to change a signal value related to an image by controlling an opening amount of a shutter for imaging, the image being generated by the imaging element when the return light is captured, and
the shutter control unit is configured to set the opening amount of the shutter to a second opening amount smaller than a first opening amount to desaturate the signal value when the signal value is saturated in a case where the opening amount of the shutter is set to the first opening amount (note par. 77-100).
Allowable Subject Matter
Claims 1-8 and 10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Prior art does not teach or suggest the shutter control unit is configured to change the opening amount of the shutter from a first opening amount to a second opening amount smaller than the first opening amount to set a ratio of the signal value related to the first image to a signal value related to a second image to a second ratio smaller than a first ratio, where the first ratio is a ratio of the signal value related to the first image to the signal value related to the second image, the second image being generated by the imaging element when the second return light is captured when the opening amount of the shutter is the first opening amount as recited in claim 1; and the shutter control unit is configured to change the opening amount of the shutter from a first opening amount to a second opening amount smaller than the first opening amount to set a ratio of the signal value related to the first image to a signal value related to a second image to a second ratio smaller than a first ratio, where the first ratio is a ratio of the signal value related to the first image to the signal value related to the second image, the second image being generated by the imaging element when the second return light is captured when the opening amount of the shutter is the first opening amount as recited in claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kojima (2023/0255460) discloses a luminance desaturation scheme.
Koshiba (2015/0092036) discloses a light source 75.
Ozawa et al. (8,936,548) discloses two different light sources (45 and 47).
On (2012/0071718) discloses a shutter control 207.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEE whose telephone number 571-272-7349. The examiner can normally be reached on Monday through Thursday from 9:00 am to 6:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, John Miller, can be reached on 571-272-7353. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL LEE/ Primary Examiner,
Art Unit 2422
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