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 .
Claim Rejections - 35 USC § 112b
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, 2, 3, 7, 9, and dependent claims 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 “first light within a wavelength range where a first light absorption coefficient of bilirubin in a bile pigment declines”. Declines means to reduce or make smaller. It is unclear what it means for a light to reduce a light absorption coefficient of bilirubin. This claim limitation requires an amendment to clearly indicate applicant’s intention.
Claim 1 recites “based on the first spectral image data and the second spectral image data, generate a special light observation image that shows lesion tissue covered with the bile pigment”. This recitation requires the processor to be able to without any other conditions as deemed by the claim (i.e. based on the first spectral image data and the second spectral image data), to generate a special light observation image “that shows lesion tissue covered with the bile pigment”. It is unclear how the device generates an image with a lesion tissue covered with bile pigment when the device is not imaging lesion tissue with bile. In other words, the claim requires that the processor be able to generate the special light image in question regardless of the imaging subject, even when imaging for example a mechanical pipe using the claim required first and second spectral image data. Therefore, the claim is considered indefinite and needs to be amended to clarify the scope of the invention.
Claim 1 recites “based on the illumination light, generate a white light observation image”. It is unclear what the scope of “white light observation image” is. White light image is commonly accepted as generated from white illumination light, but the claimed illumination light is not comprised of the full white light spectrum or even the common red, green, and blue wavelengths that comprises white illumination light. As such, this claim limitation is considered indefinite since the white light observation image is not based on white illumination light.
Claims 2, 3, and 7 recite a center wavelength “is a vicinity of 630 nm”. First, grammatically, a wavelength cannot be a vicinity of a wavelength, but rather the wavelength is “within” or “in” the vicinity of a wavelength. Additionally, the recitation of “vicinity” is considered indefinite since the scope is not defined by an industry or common standard. Therefore is it unclear what would suffice as “in the vicinity”.
Claim 9 recites “An endoscope system comprising: the processor according to claim 1; the light source”. The light source lacks antecedent basis.
Claim indefiniteness will be interpreted as provided in the rejection.
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) 1-3, 7-12,16-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ozawa US20040037454.
Ozawa discloses for claims 1, claim 10 as the method of using the disclosed device, and claim 18 as the storage medium, “A control device for use with an endoscope comprising:
a processor (image processing device 4A; fig 1; 0049) comprising hardware configured to:
cause a light source (light source device 3A; fig 1; 0051) to emit illumination light, the illumination light including:
first light (red light R and R1; fig 3A, 3B) within a wavelength range where a first light absorption coefficient of bilirubin in a bile pigment declines; and
second light (green light G and G1; fig 3A, 3B) within a wavelength range where the second light is permeable to the bile pigment and is absorbed by hemoglobin more than the first light;
generate:
a first spectral image data (image signal from R1 illumination light; 0071) corresponding to only the first light; and
a second spectral image data (image signal from G1 illumination light; 0071) corresponding to the second light;
based on the first spectral image data and the second spectral image data, generate a special light observation image (0069 describes generation of the fluorescent image) that shows lesion tissue covered with the bile pigment; and
based on the illumination light, generate a white light observation image (0053 describes generating a normal light image from RGB illumination)”.
Ozawa discloses for claims 2, 11, and 19, “The control device according to claim 1, wherein a center wavelength of the first light is a vicinity of 630 nm (red light R and R1 shows a wavelength band in the vicinity of 630 nm; fig 3A, 3B)”.
Ozawa discloses for claims 3, 12, and 20 “The control device according to claim 1, wherein a center wavelength of the second light is a vicinity of 540 nm (green light G and G1 shows a wavelength band in the vicinity of 540 nm)”.
Ozawa discloses for claim 7 and 16, “The control device according to claim 1, wherein: the illumination light includes third light; and a center wavelength of the third light is a vicinity of 460 nm (light B and E1 shows a wavelength band in the vicinity of 460 nm)”.
Ozawa discloses for claim 8 and 17, “The control device according to claim 1, wherein the processor is configured to cause a display to display the white light observation image in combination with the special light observation image (fig 7)”.
Ozawa discloses for claim 9, “An endoscope system comprising: the processor according to claim 1; the light source; and a display configured to display the observation image (fig 1)”.
Allowable Subject Matter
Claims 4-6, 13-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Jae Woo/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
9/16/26
Prosecution Insights