Prosecution Insights
Last updated: October 02, 2026
Application No. 19/287,964

MEDICAL DEVICE, ENDOSCOPE SYSTEM, CONTROL METHOD, AND COMPUTER-READABLE RECORDING MEDIUM

Non-Final OA §102
Filed
Aug 01, 2025
Priority
Feb 09, 2023 — continuation of PCTJP2023004407
Examiner
REMALY, MARK DONALD
Art Unit
Tech Center
Assignee
Olympus Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
518 granted / 735 resolved
+10.5% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
21 currently pending
Career history
746
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
39.8%
-0.2% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
28.6%
-11.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 735 resolved cases

Office Action

§102
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 . Election/Restrictions Claims 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/31/2026. 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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanigami et al. (US 2021/0186594 A1). Regarding claim 1, Tanigami et al. (‘594) teach a medical device comprising a processor configured to: obtain a tissue image including a target for a heat treatment, obtain a fluorescence image that is taken by an imaging sensor, identify a correspondence relationship between the tissue image and the fluorescence image, obtain relationship information on a correlation between a fluorescence intensity in the fluorescence image and a degree of thermal invasiveness, identify an insufficient heat denaturation region based on the fluorescence image and the relationship information, identify an excess heat denaturation region based on the fluorescence image and the relationship information, identify an appropriate heat denaturation region based on the fluorescence image and the relationship information, add heat denaturation information including the insufficient heat denaturation region, the excess heat denaturation region, and the appropriate heat denaturation region, to the tissue image based on the correspondence relationship between the tissue image and fluorescence image, and superimpose the insufficient heat denaturation region, the excess heat denaturation region, and the appropriate heat denaturation region on the tissue image such that the insufficient heat denaturation region, the excess heat denaturation region, and the appropriate heat denaturation region are identifiable from each other, and display resultant image in a display (see [0168]-[0173], [0176]-[0181]; and Figs. 8-9). Regarding claim 2, Tanigami et al. (‘594) teach the medical device according to claim 1, wherein the fluorescence image is an image that is obtained by capturing fluorescence generated from an advanced glycation end product that is generated due to the heat treatment performed on a body tissue (see [0168]-[0173], [0176]-[0181]; and Figs. 8-9). Regarding claim 3, Tanigami et al. (‘594) teach the medical device according to claim 1, wherein, from among all pixels of the fluorescence image, the processor is configured to identify, as the insufficient heat denaturation region in which heat denaturation caused by the heat treatment is not sufficient, a region that includes pixels having a fluorescence intensity equal to or lower than a first fluorescence intensity (see [0168]-[0173], [0176]-[0181]; and Figs. 8-9). Regarding claim 4, Tanigami et al. (‘594) teach the medical image according to claim 1, wherein, from among all pixels of the fluorescence image, the processor is configured to identify, as the excess heat denaturation region in which heat denaturation caused by the heat treatment is in excess, a region that includes pixels having a fluorescence intensity equal to or higher than a second fluorescence intensity which is higher than the first fluorescence intensity (see [0180]). Regarding claim 5, Tanigami et al. (‘594) teach the medical device according to claim 1, wherein the tissue image is either a tomographic image taken by a tomographic device or an ultrasonic image generated by an ultrasonic observation device (see [0168]-[0173], [0176]-[0181]; and Figs. 8-9). Regarding claim 6, Tanigami et al. (‘594) teach the medical device according to claim 1, wherein the tissue image is generated by linking endoscope images which are taken by an endoscope (see [0168]-[0173], [0176]-[0181]; and Figs. 8-9). Regarding claim 7, Tanigami et al. (‘594) teach the medical image according to claim 1, wherein the fluorescence image is an endoscope image taken by an endoscope that includes an insertion portion configured to be inserted inside a subject, and the processor is configured to calculate three-dimensional coordinates of the subject in the fluorescence image based on position information indicating a position of a front end of the insertion portion, based on direction information indicating a field of view of the front end, and based on the fluorescence image, and identify a pixel-by-pixel correspondence relationship between the tissue image and the fluorescence image based on the three-dimensional coordinates (see [0173]-[0178]). Regarding claim 8, Tanigami et al. (‘594) teach an endoscope system comprising: a light source configured to emit an excitation light; an endoscope configured to output a taken image which is taken by an imaging sensor; and a medical device comprising a processor configured to process the taken image, the processor being configured to obtain a tissue image including a target for a heat treatment, obtain a fluorescence image that is taken by the imaging sensor, identify a correspondence relationship between the tissue image and the fluorescence image, obtain relationship information on a correlation between a fluorescence intensity in the fluorescence image and a degree of thermal invasiveness, identify an insufficient heat denaturation region based on the fluorescence image and the relationship information, identify an excess heat denaturation region based on the fluorescence image and the relationship information, identify an appropriate heat denaturation region based on the fluorescence image and the relationship information, add heat denaturation information including the insufficient heat denaturation region, the excess heat denaturation region, and the appropriate heat denaturation region, to the tissue image based on the correspondence relationship between the tissue image and fluorescence image, and superimpose the insufficient heat denaturation region, the excess heat denaturation region, and the appropriate heat denaturation region on the tissue image such that the insufficient heat denaturation region, the excess heat denaturation region, and the appropriate heat denaturation region are identifiable from each other, and display resultant image in a display (see [0168]-[0173], [0176]-[0181], [0192]; and Figs. 8-9). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00. 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, Christopher Koharski can be reached at (571) 272-7230. 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. /MARK D REMALY/Primary Examiner, Art Unit 3797
Read full office action

Prosecution Timeline

Aug 01, 2025
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
86%
With Interview (+15.9%)
3y 8m (~2y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 735 resolved cases by this examiner. Grant probability derived from career allowance rate.

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