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 .
Information Disclosure Statement
The information disclosure statement filed 06/19/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the NPL document listed on the IDS as “Office Action for corresponding German Patent Application No. 102022135045.2” has only been provided in German and applicant has not provided an English language translation for this document. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Objections
Claim 1 is objected to because of the following informalities: reciting “comprising a light source which is designed to irradiate an object (10) with light of different wavelengths…is assigned an individual identification code, IIC” and “a controller which is designed to adapt the generation of image data by the camera” which should be amended to: “comprising a light source which is designed to irradiate an object(IIC)” and “a controller which is designed to adapt the generation of the image data by the camera”. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: reciting
“providing spectrum information concerning possible wavelength spectra of a light sources”,
“providing an individual identification code, IIC”,
“irradiating an object, with light of different wavelengths according to a current wavelength spectrum of the light source”,
“generating image data of the object with light reflected or emitted by the object based on the light according to the current wavelength spectrum, wherein generating the image data is adapted…”
which should be amended to recite:
“providing the spectrum information concerning the possible wavelength spectra of [[a]] the light source
“providing [[an]] the individual identification code[[,]](IIC)[[,]]”,
“irradiating [[an]] the object, with the light of the different wavelengths according to [[a]]the current wavelength spectrum of the light source”,
“generating the image data of the object with the light reflected or emitted by the object based on the light according to the current wavelength spectrum, wherein the generating the image data is adapted…”. The claim should be amended to avoid future rejection under 112(b). Appropriate correction is required.
Claim 15 is objected to because of the following informalities: reciting “checking the individual identification code, IIC, of the light source as to whether it is noted as known to a controller (140), and if this is not the case,
providing, the spectrum information of the light source -with this individual identification code, IIC, to the controller,
storing, the provided spectrum information in a memory of the controller; and
noting, the IIC of the light source as known to the controller” which should be amended to: “checking the individual identification code, IIC, of the light source as to whether it is noted as known to a controller;
providing, the spectrum information of the light source -with this individual identification code, IIC, to the controller[[,]];
storing, the provided spectrum information in a memory of the controller; and
noting, the IIC of the light source as known to the controller”. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16, 17, and 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to a signal per se, mere information in the form of data, a contract between two parties, or a human being. “A computer program product” (claim 16), “computer-readable non-volatile data storage” (claim 17), and “a data stream” all can be interpreted to cover transitory signals which are ineligible under 35 U.S.C. 101.
Accordingly, the claim(s) are directed to a signal per se, mere information in the form of data as the claimed invention lacks patentable utility because the limitations outlined in the claims do not recite corresponding structure, such as a processor or a memory outlined in claim 1 and 13, along with a software limitation, which are not recited as being part of the computer program product, data-storage medium nor the data stream.
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 4-6, 11, 13-17, and 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 4 recites “wherein the spectrum information comprises information that, for the light source having the individual identification code, IIC, in each case allocates a wavelength spectrum of the light source to…” in lines 2-4, which renders the claim indefinite because it is unclear to what applicant meant to refer to as when reciting the phrase “each case” and what applicant has meant for “each” case to be defined as being, i.e., being inclusive and exclusive of.
All dependent claims are also rejected by the nature of their dependency.
Claim 6 recites the limitation "the case" in line 4. There is insufficient antecedent basis for this limitation in the claim. The claim does not prior recite a case.
Claim 6 further recites “as to whether it is noted as known” and “store it in a memory” and in lines 4-5, which renders the claim indefinite because it is unclear if the memory recited in the present claim is meant to refer to either the first memory or the second memory in parent claim 1. Further, it is unclear to what applicant refers to as “it” that is to be stored in the memory of the immediate claim.
Claim 11 recites “wherein the camera is designed to generate image data…” in lines 1-3, which renders the claim indefinite because it is unclear if the generation and the image data recited in the present claim are meant to refer to the generation and the image data recited in parent claim 1.
Claim 13 recites the limitation "The method for operating a medical imaging system" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The claim does not prior recite a method for operating a medical imaging system.
Further, it is unclear if claim 13 is meant to be interpreted as an independent claim, or a dependent claim, dependent on claim 1, which is drawn to a medical imaging system. As claim 13 recites “The method for operating a medical imaging system, in particular according to claim 1, having the steps of…” (emphasis added) it is unclear if the medical imaging system recited in claim 13 is meant to refer to the medical imaging system of claim 1.
Claims 16-18 are also rejected for reciting the same and/or limitations outlined above.
All dependent claims are also rejected by the nature of their dependency.
Claim 14 recites “wherein adapting the generation of the image data is carried out based, among other things, on the captured operating temperature value” in lines 3-4, which renders the claim indefinite because it is unclear what functional meaning impart on the limitation by use of the phrase “among other things” and to what processing steps applicant meant to refer to as “among other things”. The specification does not provide a definition for this phrase. Therefore, the scope of what applicant seek protection for in this claim is unclear.
Claim 15 recites the limitation "the case" in line 3. There is insufficient antecedent basis for this limitation in the claim. The claim does not prior recite a case.
Claim 15 also recites “a controller…with this individual identification code, IIC, …storing provided spectrum information a memory of the controller” in lines 3, 6-7, which renders the claim indefinite because it is unclear if the controller in the present claim and the memory in the present claim are meant to refer to the controller and either of the first memory or the second memory recited in parent claim 1, on which claim 15 depends via the chain of the dependency through claim 13. Similarly, it is unclear if “this individual identification code” and the spectrum information stored in the memory of the controller as recited in the immediate claim are meant to refer to the spectrum information and the individual identification code, IIC recited in parent claim 1.
Claim 18 recites “a data stream that comprises executable program code or is designed to generate executable program code” in lines 1-2, which renders the claim indefinite because it is unclear what structural meaning applicant meant to impart on the claim when reciting the term “a data stream”, it appears, although it is unclear, that applicant is claiming an electronic signal with no associated physical structure, which is not patent-eligible under 35 USC 101.
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.
Claim(s) 1, 3-4, 7, 9, 12-13, 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabata et al. (US20160131892, hereafter “Tabata”).
Regarding claims 1, 13, 16, 17, and 18, Tabata teaches a medical imaging system (FIG. 1) and a method of operating a medical imaging system (FIG. 2), in particular for multispectral imaging ([0023], [0026] using multiple spectra of light), and a computer program product-comprising executable program code that ([0027] function of the exit light characteristic deriving module), when it is executed, is designed to perform the method, a computer-readable non-volatile data storage medium-comprising ([0021], [0084], a memory, such as a ROM 24A, 24B, and 24C, in FIG. 1) executable program code that, when it is executed, is designed to perform the method ([0084] automatically execute suitable image processing settings to perform the most suitable image processing together with light source control), and a data stream* that comprises executable program code ([0025] electrical signals sent over signal lines between electrical connection parts),
comprising a light source which is designed to irradiate an object (10) with light of different wavelengths ([0024], [0047] light source modules 20A, 20B, and 20C in FIG. 1, each having a different wavelength characteristic), according to a current wavelength spectrum of the light source ([0053] characteristic information of the light source module comprises identification patterns), wherein the light source is assigned an individual identification code, IIC ([0053] the identification patterns include optically-identifiable reflection patterns such as a barcode or mechanically identifiable concave-convex pattern),
a first memory, which is designed to store the individual identification code, IIC, of the light source ([0053], FIG. 4, storage medium stores the characteristic information for the light source comprising the identification pattern),
a second memory, which is designed to store spectrum information concerning possible wavelength spectra of the light source ([0027], [0053], the ROM 49 stores information of the exit light characteristic of the light source modules and the possible light combination characteristic information in order to derive characteristic of the exit light that is achievable by any of the possible combinations of the different light modules),
a camera, which is designed to generate image data of the object, with light** reflected by the object ([0078] the image pickup device 84 detects reflected light), based on the light according to the current wavelength spectrum of the light source ([0078] the image pickup device 84 receives reflected light from the observation object to acquire image information connected to the electrical part which is in turn connected to the ROM storing the information of the exit light characteristic of the light source modules and the possible light combination characteristic information in order to derive characteristic of the exit light that is achievable by any of the possible combinations of the different light modules), and
a controller ([0043] the control instruction device 54) which is designed to adapt the generation of image data by the camera using the individual identification code, IIC, of the light source and the spectrum information ([0043] the control instruction device 54 gives instruction of the exit observation light based on the exit light characteristics that have been reported using suitable combinations is observation light based on wavelength formation that has been selected characteristic information [identification code] of the derived achievable exit light).
*For the purposes of examination, the limitation has been interpreted under the broadest reasonable interpretation in the alternative to require a data stream that comprises executable program code, or a data stream that is designed to generate executable program code, wherein the program code is designed, when it is executed, to perform the method.
**For the purposes of examination, the limitation has been interpreted under the broadest reasonable interpretation in the alternative to require a camera, which is designed to generate image data of the object, with light reflected by the object; or require a camera, which is designed to generate image data of the object, with light emitted by the object.
It should be noted, that the limitations of “a light source which is designed to irradiate an object (10) with light of different wavelengths…”, “a first memory, which is designed to store the individual identification code…”, “a second memory, which is designed to store spectrum information concerning possible wavelength spectra…”, “a camera, which is designed to generate image data of the object…”, “a controller which is designed to adapt the generation of image data…”, and “according to a current wavelength spectrum of the light source”, “wherein the light source is assigned an individual identification code, IIC”, “light reflected or emitted by the object”, “based on the light according to the current wavelength spectrum of the light source”, “the generation of image data by the camera”, “using the individual identification code, IIC, of the light source and the spectrum information” are considered functional limitations of the device; the manner of operating the device does not differentiate an apparatus/device claim from the prior art; See "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Therefore, the device of Tabata as modified, would be capable of performing all the functions as recited.
Regarding claim 3, Tabata teaches comprising a temperature sensor device which is designed to capture an operating temperature value of the light source during operation and to transmit the captured operating temperature value to the controller ([0054] light quantity control characteristic information may be information that includes light source temperature dependency of the characteristic and the temperature of the semiconductor light source 21A is adjusted by the temperature adjustment unit 32A); wherein the controller is designed to additionally adapt the generation of the image data based on the operating temperature value ([0054] the characteristic information of exit light is derived including amended temperature dependency of the semiconductor light source 21A).
Regarding claim 4, Tabata teaches wherein the spectrum information comprises information that, for the light source having the individual identification code, IIC, in each case allocates a wavelength spectrum of the light source to a plurality of operating temperature values ([0054] light quantity control characteristic information may be information that includes light source temperature dependency of the characteristic and the temperature of the semiconductor light source 21A is adjusted by the temperature adjustment unit 32A), and wherein the controller is designed to select a wavelength spectrum assigned to the captured operating temperature value based on the spectrum information and to adapt the generation of the image data based on the selected wavelength spectrum ([0054] the exit light characteristic deriving unit 48 reads out information corresponding to the preset temperature as each of the wavelength characteristic information and light quantity characteristic information to order to derive characteristic information of exit light in the image data).
Regarding claim 6, Tabata teaches wherein the controller is designed to check the individual identification code, IIC, of the light source as to whether it is noted as known (140) ([0054] determine/check whether there is any operation result that falls within an allowable range of the predetermined wavelength construction of observation light) and, if this is not the case, to obtain the spectrum information of the light source ([0026], [0053]-[0054] the light spectrum characteristic, an ideal spectrum characteristic and a predetermined allowable range of a characteristic deviation from the ideal spectrum characteristic are defined, and the wavelength characteristic information/IIC and light quantity control characteristic information are information that include light source a temperature dependency of the characteristic; the exit light characteristic deriving unit 48 derives/obtains characteristic information/IIC of exit light with reference to the preset temperature of the temperature adjustment unit 32A and reads out information corresponding to the preset temperature as each of the wavelength characteristic information and light quantity characteristic information, and derives characteristic information of exit light including amended temperature dependency of the semiconductor light source 21A to the controller), store it in a memory and note* the individual identification code, IIC, of the light source as known ([0055] the characteristic information of the light source modules 21A-200 are stored in ROM 49).
*For the purposes of examination, the term has been interpreted as defined by the applicant on page 11 of the specification as filed to mean storing known individual identification codes, IICs, in a memory of the controller.
Regarding claim 7, Tabata teaches wherein adapting the generation of the image data comprises a white balance ([0026] white light is obtained by combining three or more wavelengths including blue, green, and red, and NBI specific light).
Regarding claim 9, Tabata teaches wherein the camera-is designed to record spectra, and the image data comprise spectral data ([0023], [0033], claim 2, the ROMs storing image data is storing wavelength characteristic information, such as a peak wavelength, a line width, and a spectral shape of output light).
Regarding claim 12, Tabata teaches having an evaluation module which is designed to evaluate the generated image data for the purpose of determining physiological tissue properties ([0026] using red, and NBI specific light to facilitate detection of cancer or the like by the observation of blood vessels with better contrast by using two wavelengths of blue-purple and green that are easily absorbed by hemoglobin in blood).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 8, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tabata, in view of Kojima (US20220133140).
Regarding claim 2, Tabata discloses wherein the controller is designed to provide correction data from or based on the individual identification code, IIC, of the light source and the spectrum information ([0054] light quantity control characteristic information may be information that includes light source temperature dependency of the characteristic and the temperature of the semiconductor light source 21A is adjusted by the temperature adjustment unit 32A), but does not explicitly disclose wherein the medical imaging system further comprises a third memory which is designed to store the correction data, and wherein the controller is designed to adapt the generation of the image data based on the stored correction data.
However, in the same field of endeavor, Kojima teaches wherein the medical imaging system further comprises a third memory which is designed to store the correction data ([0069] calibration data recorded in an external server or the like may be recorded in the calibration data record section 971 via the communication module 94. In addition, the memory 97 includes a memory card attachable to the control apparatus 9, and the memory 97 includes a calibration data record section 971 that acquires, responsive to the light source apparatus 3 being coupled, calibration from the calibration data record section 351 of the memory 35 of the light source apparatus 3 and records the acquired calibration data), and wherein the controller is designed to adapt the generation of the image data based on the stored correction data ([0070] control section 98 outputs, on the basis of an observation method switching signal inputted from the input section 95 a light-modulation signal for modulating the brightness of the captured image to the light source apparatus 3).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the medical imaging system disclosed by Tabata with the medical imaging system further comprises a third memory which is designed to store the correction data, and wherein the controller is designed to adapt the generation of the image data based on the stored correction data as taught by Kojima in order to provide calibration data in which an adjusted value provided by adjusting the current value and the preset emission intensity are associated with each other, and causing a memory of the light source apparatus to record the calibration data ([0014] of Kojima).
Regarding claim 8, Tabata substantially discloses all the limitations of the claimed invention, but does not explicitly disclose wherein adapting the generation of the image data comprises color correction.
However, in the same field of endeavor, Kojima teaches wherein adapting the generation of the image data comprises color correction ([0064] predetermined image processing include various kinds of known image processing such as color correction processing).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the medical imaging system disclosed by Tabata with the adapting the generation of the image data comprises color correction as taught by Kojima in order to provide calibration data in which an adjusted value provided by adjusting the current value and the preset emission intensity are associated with each other, and causing a memory of the light source apparatus to record the calibration data ([0014] of Kojima).
Regarding claim 10, Tabata substantially discloses all the limitations of the claimed invention, specifically, Tabata discloses wherein the light source is designed to irradiate the object with light in visible wavelengths ([0026] the observation light including, for example, white light that can be achieved by combining three or more wavelengths including blue, green, and red, and NBI specific light), but does not explicitly disclose the light source is designed to irradiate the object with light in at least one invisible wavelength.
However, in the same field of endeavor, teaches Kojima the light source is designed to irradiate the object with light in at least one invisible wavelength ([0040] outputting light having a wavelength band of infrared light).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the medical imaging system disclosed by Kojima with the light source is designed to irradiate the object with light in at least one invisible wavelength as taught by in order to enhance the intensities of the white light WLI and the infrared light IR on a field-by-field basis, thus increasing the brightness of the captured image corresponding to the imaging signal ([0076] of Kojima).
Regarding claim 11 Tabata substantially discloses all the limitations of the claimed invention, specifically, Tabata discloses wherein the camera is designed to generate image data of light in visible wavelengths ([0026]), but does not explicitly disclose wherein the camera is designed to generate image data of light in invisible wavelengths.
However, in the same field of endeavor, Kojima teaches disclose wherein the camera is designed to generate image data of light in invisible wavelengths ([0072] imaging signals continuously generated by the imaging section 5002).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the medical imaging system disclosed by Tabata with the camera is designed to generate image data of light in invisible wavelengths as taught by Kojima in order to provide calibration data in which an adjusted value provided by adjusting the current value and the preset emission intensity are associated with each other, and causing a memory of the light source apparatus to record the calibration data ([0014] of Kojima).
Claim(s) 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tabata, in view of Yabe et al. (US20160157322, hereafter “Yabe”).
Regarding claim 5, Tabata substantially discloses all the limitations of the claimed invention, specifically, Tabata discloses wherein the temperature sensor device is designed to capture the operating temperature value of the light source on request* and to communicate this to the controller ([0054] light quantity control characteristic information may be information that includes light source temperature dependency of the characteristic and the temperature of the semiconductor light source 21A is adjusted by the temperature adjustment unit 32A), wherein the controller checks whether the captured operating temperature value is assigned to the selected wavelength spectrum ([0043] based on the characteristic information of the derived achievable exit light, the exit light characteristic deriving unit 48 determines/checks whether the selected type/assigned of observation light is achievable and the most suitable combination may be automatically or manually selected as observation light based on wavelength information when there are combinations meeting the allowable characteristic range of the selected exit light) and, in the event of an unsuitable assignment due to a change in the operating temperature value ([0033], [0043] if it is determined that the selected type/assigned is not achievable, the reporting device 50 makes a report to that effect), but does not explicitly disclose selects a different wavelength spectrum that is assigned to the captured operating temperature value.
However, in the same field of endeavor, Yabe teaches selects a different wavelength spectrum that is assigned to the captured operating temperature value ([0028], [0037]-[0038] the color balance among the respective LEDs 42 to 45 is determined according to spectral sensitivity characteristics and measuring an actual temperature and controls the current value of a drive current of the Peltier element 56 based on the measurement result as the temperature in the vicinity of the R-LED 42 from the thermistor 53 increases, and decrease the current value of the drive current of the Peltier element 56 as the temperature decreases).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the medical imaging system disclosed by Tabata with the selects a different wavelength spectrum that is assigned to the captured operating temperature value as taught by Yabe in order to adjust a signal level of the cooling device drive signal based on a measurement result of a temperature of the semiconductor light-emitting device (abstract of Yabe).
*For the purposes of examination, the limitation has been interpreted under the broadest reasonable interpretation in the alternative to require wherein the temperature sensor device is designed to capture the operating temperature value of the light source on request; or require the temperature sensor device is designed to capture the operating temperature value of the light source at predetermined time intervals.
Regarding claim 14, Tabata discloses capturing an operating temperature value of the light source ([0054] the light source is kept at a preset temperature value by the temperature adjustment unit), but does not explicitly disclose wherein adapting the generation of the image data is carried out based, among other things, on the captured operating temperature value.
However, in the same field of endeavor, Yabe teaches wherein adapting the generation of the image data is carried out based, among other things, on the captured operating temperature value ([0047] the control section 41 generates a control signal for controlling the drive current based on the temperature acquired for each field and performs control so that the temperature in the vicinity of the R-LED 42 reaches the predetermined target temperature when generating image data).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the method disclosed by with the adapting of the generation of the image data is carried out based, among other things, on the captured operating temperature value taught by Yabe in order to achieve an optimum color balance ([0028] of Yabe).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tabata, in view of Maria Welten (US20140175981).
Regarding claim 15, Tabata substantially discloses all the limitations of the claimed invention, specifically, Tabata discloses comprising the steps of:
checking the individual identification code, IIC, of the light source as to whether it is noted as known to the controller (140) ([0054] determine/check whether there is any operation result that falls within an allowable range of the predetermined wavelength construction of observation light) and, if this is not the case,
providing the spectrum information of the light source with this individual identification code, IIC, to the controller ([0026], [0053]-[0054] the light spectrum characteristic, an ideal spectrum characteristic and a predetermined allowable range of a characteristic deviation from the ideal spectrum characteristic are defined, and the wavelength characteristic information/IIC and light quantity control characteristic information are information that include light source a temperature dependency of the characteristic; the exit light characteristic deriving unit 48 derives/obtains characteristic information/IIC of exit light with reference to the preset temperature of the temperature adjustment unit 32A and reads out information corresponding to the preset temperature as each of the wavelength characteristic information and light quantity characteristic information, and derives characteristic information of exit light including amended temperature dependency of the semiconductor light source 21A to the controller),
storing it in a memory and note* the individual identification code, IIC, of the light source as known ([0055] the characteristic information of the light source modules 21A-200 are stored in ROM 49), but does not explicitly disclose storing in a memory of the controller.
However, in the same field of endeavor, Maria Welten teaches storing provided spectrum information in the memory of the controller ([0108], [0114], the spectrum parameters, e.g., the either color or intensity, of the LED assemble can be stored in a memory unit of a control unit of the LED assembly).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the medical imaging system and method disclosed by Tabata with storing provided spectrum information in the memory of the controller as by Maria Welten in order for the controller to determine appropriate control signals for controlling the LED fixtures and/or the power supplies of the LED driver ([0021] of Maria Welten).
*For the purposes of examination, the term has been interpreted as defined by the applicant on page 11 of the specification as filed to mean storing known individual identification codes, IICs, in a memory of the controller.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SHAFQAT whose telephone number is (571)272-4054. The examiner can normally be reached Monday-Friday 9:30AM-5:30PM MST.
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/A.S./Examiner, Art Unit 3798
/KEITH RAYMOND/Supervisory Patent Examiner, Art Unit 3798
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