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 .
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 8 & 19 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 8 recites the limitation “comparing a ratio of the structure signal and a non-structure signal with a threshold.” which renders the claim unclear. It is unclear where the non-structure signal is being acquired, in previously depended claims 2 and 7 only the structure signal is identified as being acquired by the system.
Claim 19 recites the limitation “comparing a ratio of the structure signal and a non-structure signal with a threshold.” which renders the claim unclear. It is unclear where the non-structure signal is being acquired, in previously depended claims 13 and 18 only the structure signal is identified as being acquired by the system.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 9-12, & 20 are rejected under 35 U.S.C. 102(a)(1) & 102(a)(2) as being antipiated by McDowall et al (US20120004557A1; hereinafter referred to as McDowall).
Regarding Claim 1, McDowall discloses a surgical system (“FIG. 1 is a high level diagrammatic view of a minimally-invasive teleoperated surgical system 100, for example, the da Vinci® Surgical System, including an augmented stereoscopic visualization system.” [0052], “FIG. 2 is a more detailed illustration of the aspects of one example of minimally invasive surgical system 100 of FIG. 1.” [0063]) comprising:
an illuminator configured to selectively provide first illumination in a first waveband or second illumination in a second waveband more narrow than the first waveband (“an illumination system (not shown), sometimes referred to as an illuminator, is coupled to endoscope 112. The illumination system selectively provides one of (a) white light illumination and (b) less than all the visible color illumination components of white light and at least one fluorescence excitation illumination component.” [0053], “In the embodiment of FIG. 2, minimally invasive surgical system 200 includes an illuminator that is combination light source 210. Combination light source 210 includes a visible color component source 211 and a fluorescence excitation source 212. The particular implementation of sources 211 and 212 is not critical so long as combination light source 210 has the capabilities described more completely below.” [0064], “Alternatively, visible color component source 211 could use a Xenon lamp with an elliptic back reflector and a band pass filter coating to create broadband white illumination light for visible images. The use of a Xenon lamp also is illustrative only and is not intended to be limiting. For example, a high pressure mercury arc lamp, other arc lamps, or other broadband light sources may be used. To eliminate one or more visible color illumination components from such a source in the augmented viewing mode, bandpass filters, prisms etc. could be incorporated in combination light source 210.” [0072]);
and a controller (“In response to a user input from display mode select 250, a signal is provided to a VIEWING MODE check process 301 (FIG. 3) in a user interface 260 that in turn provides a control signal to an ILLUMINATE TISSUE process 302 when the normal viewing mode is selected. User interface 260, in one aspect, is generated by computer code, which is stored in a memory 132, executing on a processor 131 (FIG. 1).” [0081]) configured to:
cause, while operating in a first mode, the illuminator to illuminate a scene with the first illumination, an image capture system to capture a first set of one or more images based on the first illumination reflecting from tissue within the scene (“Combination light source 210 is used in conjunction with at least one illumination path in a stereoscopic endoscope 201 to illuminate tissue 203 in an ILLUMINATE TISSUE process 302 (FIG. 3). In this example, combination light source 210 has two modes of operation: a normal viewing mode and an augmented viewing mode.” [0065], “In the normal viewing mode, visible color component source 211 provides illumination that illuminates tissue 203 in white light, i.e., all the visible color illumination component sources in source 211 are used. Fluorescence excitation source 212 is not used in the normal viewing mode.” [0066], “Thus, in the normal viewing mode, ILLUMINATE TISSUE process 302 causes tissue 203 to be illuminated with white light. In the graphs of the illumination in FIG. 4, the horizontal axis is time and the vertical axis represents source output level. The source output level during normal viewing mode operation for each of the three visible color illumination components is defined as 100 percent. Thus, in FIG. 4 for times before time t1, the output level from each of the three visible color illumination components is shown as 100 percent and the output level for the fluorescence excitation illumination component is zero.” [0085]), and
a display unit to display the first set of one or more images (”In the normal viewing mode, acquired normal visible left visible image 421A and acquired normal visible right image 422A (FIG. 4) are provided to display image controller 230 (FIG. 2) that performs IMAGE PROCESSING process 304 (FIG. 3). In IMAGE PROCESSING process 304, a COLOR IMAGE CORRECTION process 231 processes both acquired normal visible left visible image 421A and acquired normal visible right image 422A.” [0089]);
obtain a signal (“The video output on stereoscopic display 241 may be toggled between the normal and augmented viewing modes by using, e.g., a foot switch, a double click of the master grips that control the surgical instruments, voice control, and other like switching methods. The toggle for switching between the two viewing modes is represented in FIG. 2 as display mode select 250.” [0080]);
switch, based on the obtaining the signal, from operating in the first mode to operating in a second mode (“In one aspect, the normal viewing mode is a default mode. In this aspect, display mode select 250 would not be used until the surgeon wanted to change the viewing mode from the normal viewing mode to the augmented viewing mode, or from the augmented viewing mode to the normal viewing mode.” [0082], ); and
cause, while operating in the second mode, the illuminator to illuminate the scene with the second illumination instead of with the first illumination, the image capture system to capture a second set of one or more images based on the second illumination reflecting from tissue within the scene (“Alternatively, visible color component source 211 could use a Xenon lamp with an elliptic back reflector and a band pass filter coating to create broadband white illumination light for visible images. The use of a Xenon lamp also is illustrative only and is not intended to be limiting. For example, a high pressure mercury arc lamp, other arc lamps, or other broadband light sources may be used. To eliminate one or more visible color illumination components from such a source in the augmented viewing mode, bandpass filters, prisms etc. could be incorporated in combination light source 210.” [0072], “In response to the augmented display control signal, ILLUMINATE TISSUE process 302 sends an augmented display signal to power and level controller 215 in combination light source 210. In response to the augmented display signal, power and level controller 215 turns on fluorescence excitation source 212 and in this example turns off the third visual color illumination component in visible color component source 211 so that only first and second visual color illumination components and the fluorescence excitation illumination component are supplied to fiber optic bundle 216.” [0093], “In CAPTURE IMAGES process 303 (FIG. 3), in the augmented viewing mode, left image CCD 221A captures acquired left first and second visible color component images and an acquired left fluorescence image 421B (FIG. 4) and right image CCD 222A captures acquired right first and second visible color component images and an acquired right fluorescence image 422B.” [0101]),
and the display unit to display the second set of one or more images (“The outputs from AUGMENTED IMAGE CORRECTION process 232 are displayed on stereoscopic display 241 (FIG. 2) in GENERATE STEREOSCOPIC VIDEO DISPLAY OF TISSUE process 305 (FIG. 3). In the augmented viewing mode, processes 301 to 305 are performed repetitively so that the surgeon sees a real-time video augmented image of tissue 203.” [0108]).
Regarding Claim 9, McDowall discloses that the image capture system comprises an endoscope (“As explained more completely below, an illumination system (not shown), sometimes referred to as an illuminator, is coupled to endoscope 112. The illumination system selectively provides one of (a) white light illumination and (b) less than all the visible color illumination components of white light and at least one fluorescence excitation illumination component. The light from the illumination system is coupled to at least one illumination path in endoscope 112 by a fiber optic bundle (See fiber optic bundle 216 in FIG. 2).” [0053]).
Regarding Claim 10, discloses further comprising: a manipulator arm, wherein an endoscope comprising the image capture system is mounted on the manipulator arm (“FIG. 1 is a high level diagrammatic view of a minimally-invasive teleoperated surgical system 100, for example, the da Vinci® Surgical System, including an augmented stereoscopic visualization system. In this example, a surgeon, using a surgeon's console 114, remotely manipulates an endoscope 112 mounted on a robotic manipulator arm 113.” [0052]).
Regarding Claim 11, discloses that the first illumination comprises white light illumination (“Alternatively, visible color component source 211 could use a Xenon lamp with an elliptic back reflector and a band pass filter coating to create broadband white illumination light for visible images. The use of a Xenon lamp also is illustrative only and is not intended to be limiting. For example, a high pressure mercury arc lamp, other arc lamps, or other broadband light sources may be used. To eliminate one or more visible color illumination components from such a source in the augmented viewing mode, bandpass filters, prisms etc. could be incorporated in combination light source 210.” [0072]).
Regarding Claim 12, McDowall discloses a surgical system (“FIG. 1 is a high level diagrammatic view of a minimally-invasive teleoperated surgical system 100, for example, the da Vinci® Surgical System, including an augmented stereoscopic visualization system.” [0052], “FIG. 2 is a more detailed illustration of the aspects of one example of minimally invasive surgical system 100 of FIG. 1.” [0063]) comprising:
an illuminator configured to selectively provide first illumination in a first waveband or second illumination in a second waveband more narrow than the first waveband (“an illumination system (not shown), sometimes referred to as an illuminator, is coupled to endoscope 112. The illumination system selectively provides one of (a) white light illumination and (b) less than all the visible color illumination components of white light and at least one fluorescence excitation illumination component.” [0053], “In the embodiment of FIG. 2, minimally invasive surgical system 200 includes an illuminator that is combination light source 210. Combination light source 210 includes a visible color component source 211 and a fluorescence excitation source 212. The particular implementation of sources 211 and 212 is not critical so long as combination light source 210 has the capabilities described more completely below.” [0064], “Alternatively, visible color component source 211 could use a Xenon lamp with an elliptic back reflector and a band pass filter coating to create broadband white illumination light for visible images. The use of a Xenon lamp also is illustrative only and is not intended to be limiting. For example, a high pressure mercury arc lamp, other arc lamps, or other broadband light sources may be used. To eliminate one or more visible color illumination components from such a source in the augmented viewing mode, bandpass filters, prisms etc. could be incorporated in combination light source 210.” [0072]);
and a controller (“In response to a user input from display mode select 250, a signal is provided to a VIEWING MODE check process 301 (FIG. 3) in a user interface 260 that in turn provides a control signal to an ILLUMINATE TISSUE process 302 when the normal viewing mode is selected. User interface 260, in one aspect, is generated by computer code, which is stored in a memory 132, executing on a processor 131 (FIG. 1).” [0081]) configured to:
cause, while operating in a first mode, the illuminator to illuminate a scene with the first illumination, an image capture system to capture a first set of one or more images based on the first illumination reflecting from tissue within the scene (“Combination light source 210 is used in conjunction with at least one illumination path in a stereoscopic endoscope 201 to illuminate tissue 203 in an ILLUMINATE TISSUE process 302 (FIG. 3). In this example, combination light source 210 has two modes of operation: a normal viewing mode and an augmented viewing mode.” [0065], “In the normal viewing mode, visible color component source 211 provides illumination that illuminates tissue 203 in white light, i.e., all the visible color illumination component sources in source 211 are used. Fluorescence excitation source 212 is not used in the normal viewing mode.” [0066], “Thus, in the normal viewing mode, ILLUMINATE TISSUE process 302 causes tissue 203 to be illuminated with white light. In the graphs of the illumination in FIG. 4, the horizontal axis is time and the vertical axis represents source output level. The source output level during normal viewing mode operation for each of the three visible color illumination components is defined as 100 percent. Thus, in FIG. 4 for times before time t1, the output level from each of the three visible color illumination components is shown as 100 percent and the output level for the fluorescence excitation illumination component is zero.” [0085]), and
a display unit to display the first set of one or more images (”In the normal viewing mode, acquired normal visible left visible image 421A and acquired normal visible right image 422A (FIG. 4) are provided to display image controller 230 (FIG. 2) that performs IMAGE PROCESSING process 304 (FIG. 3). In IMAGE PROCESSING process 304, a COLOR IMAGE CORRECTION process 231 processes both acquired normal visible left visible image 421A and acquired normal visible right image 422A.” [0089]);
switch from operating in the first mode to operating in a second mode (“The video output on stereoscopic display 241 may be toggled between the normal and augmented viewing modes by using, e.g., a foot switch, a double click of the master grips that control the surgical instruments, voice control, and other like switching methods. The toggle for switching between the two viewing modes is represented in FIG. 2 as display mode select 250.” [0080], “In one aspect, the normal viewing mode is a default mode. In this aspect, display mode select 250 would not be used until the surgeon wanted to change the viewing mode from the normal viewing mode to the augmented viewing mode, or from the augmented viewing mode to the normal viewing mode.” [0082], ); and
cause, while operating in the second mode, the illuminator to illuminate the scene with the second illumination instead of with the first illumination, the image capture system to capture a second set of one or more images based on the second illumination reflecting from tissue within the scene (“Alternatively, visible color component source 211 could use a Xenon lamp with an elliptic back reflector and a band pass filter coating to create broadband white illumination light for visible images. The use of a Xenon lamp also is illustrative only and is not intended to be limiting. For example, a high pressure mercury arc lamp, other arc lamps, or other broadband light sources may be used. To eliminate one or more visible color illumination components from such a source in the augmented viewing mode, bandpass filters, prisms etc. could be incorporated in combination light source 210.” [0072], “In response to the augmented display control signal, ILLUMINATE TISSUE process 302 sends an augmented display signal to power and level controller 215 in combination light source 210. In response to the augmented display signal, power and level controller 215 turns on fluorescence excitation source 212 and in this example turns off the third visual color illumination component in visible color component source 211 so that only first and second visual color illumination components and the fluorescence excitation illumination component are supplied to fiber optic bundle 216.” [0093], “In CAPTURE IMAGES process 303 (FIG. 3), in the augmented viewing mode, left image CCD 221A captures acquired left first and second visible color component images and an acquired left fluorescence image 421B (FIG. 4) and right image CCD 222A captures acquired right first and second visible color component images and an acquired right fluorescence image 422B.” [0101]),
and the display unit to display the second set of one or more images (“The outputs from AUGMENTED IMAGE CORRECTION process 232 are displayed on stereoscopic display 241 (FIG. 2) in GENERATE STEREOSCOPIC VIDEO DISPLAY OF TISSUE process 305 (FIG. 3). In the augmented viewing mode, processes 301 to 305 are performed repetitively so that the surgeon sees a real-time video augmented image of tissue 203.” [0108]);
and a manipulator arm, wherein an endoscope comprising the image capture system is mounted on the manipulator arm (“FIG. 1 is a high level diagrammatic view of a minimally-invasive teleoperated surgical system 100, for example, the da Vinci® Surgical System, including an augmented stereoscopic visualization system. In this example, a surgeon, using a surgeon's console 114, remotely manipulates an endoscope 112 mounted on a robotic manipulator arm 113.” [0052]).
Regarding Claim 20, McDowall discloses a method (“FIG. 1 is a high level diagrammatic view of a minimally-invasive teleoperated surgical system 100, for example, the da Vinci® Surgical System, including an augmented stereoscopic visualization system.” [0052], “FIG. 2 is a more detailed illustration of the aspects of one example of minimally invasive surgical system 100 of FIG. 1.” [0063]) comprising:
causing, by one or more processors of a surgical system while operating in a first mode an illuminator to illuminate a scene with the first illumination, an image capture system to capture a first set of one or more images based on the first illumination reflecting from tissue within the scene (“a method of generating an augmented image display in a minimally invasive surgical system, an augmented image correction module is executed on a processor” [0026], “Combination light source 210 is used in conjunction with at least one illumination path in a stereoscopic endoscope 201 to illuminate tissue 203 in an ILLUMINATE TISSUE process 302 (FIG. 3). In this example, combination light source 210 has two modes of operation: a normal viewing mode and an augmented viewing mode.” [0065], “In the normal viewing mode, visible color component source 211 provides illumination that illuminates tissue 203 in white light, i.e., all the visible color illumination component sources in source 211 are used. Fluorescence excitation source 212 is not used in the normal viewing mode.” [0066], “Thus, in the normal viewing mode, ILLUMINATE TISSUE process 302 causes tissue 203 to be illuminated with white light. In the graphs of the illumination in FIG. 4, the horizontal axis is time and the vertical axis represents source output level. The source output level during normal viewing mode operation for each of the three visible color illumination components is defined as 100 percent. Thus, in FIG. 4 for times before time t1, the output level from each of the three visible color illumination components is shown as 100 percent and the output level for the fluorescence excitation illumination component is zero.” [0085]), and
a display unit to display the first set of one or more images (”In the normal viewing mode, acquired normal visible left visible image 421A and acquired normal visible right image 422A (FIG. 4) are provided to display image controller 230 (FIG. 2) that performs IMAGE PROCESSING process 304 (FIG. 3). In IMAGE PROCESSING process 304, a COLOR IMAGE CORRECTION process 231 processes both acquired normal visible left visible image 421A and acquired normal visible right image 422A.” [0089]);
obtaining a signal (“The video output on stereoscopic display 241 may be toggled between the normal and augmented viewing modes by using, e.g., a foot switch, a double click of the master grips that control the surgical instruments, voice control, and other like switching methods. The toggle for switching between the two viewing modes is represented in FIG. 2 as display mode select 250.” [0080]);
switching, based on the obtaining the signal, from operating in the first mode to operating in a second mode (“In one aspect, the normal viewing mode is a default mode. In this aspect, display mode select 250 would not be used until the surgeon wanted to change the viewing mode from the normal viewing mode to the augmented viewing mode, or from the augmented viewing mode to the normal viewing mode.” [0082], ); and
causing, while operating in the second mode, the illuminator to illuminate the scene with the second illumination instead of with the first illumination, the image capture system to capture a second set of one or more images based on the second illumination reflecting from tissue within the scene (“Alternatively, visible color component source 211 could use a Xenon lamp with an elliptic back reflector and a band pass filter coating to create broadband white illumination light for visible images. The use of a Xenon lamp also is illustrative only and is not intended to be limiting. For example, a high pressure mercury arc lamp, other arc lamps, or other broadband light sources may be used. To eliminate one or more visible color illumination components from such a source in the augmented viewing mode, bandpass filters, prisms etc. could be incorporated in combination light source 210.” [0072], “In response to the augmented display control signal, ILLUMINATE TISSUE process 302 sends an augmented display signal to power and level controller 215 in combination light source 210. In response to the augmented display signal, power and level controller 215 turns on fluorescence excitation source 212 and in this example turns off the third visual color illumination component in visible color component source 211 so that only first and second visual color illumination components and the fluorescence excitation illumination component are supplied to fiber optic bundle 216.” [0093], “In CAPTURE IMAGES process 303 (FIG. 3), in the augmented viewing mode, left image CCD 221A captures acquired left first and second visible color component images and an acquired left fluorescence image 421B (FIG. 4) and right image CCD 222A captures acquired right first and second visible color component images and an acquired right fluorescence image 422B.” [0101]),
and the display unit to display the second set of one or more images (“The outputs from AUGMENTED IMAGE CORRECTION process 232 are displayed on stereoscopic display 241 (FIG. 2) in GENERATE STEREOSCOPIC VIDEO DISPLAY OF TISSUE process 305 (FIG. 3). In the augmented viewing mode, processes 301 to 305 are performed repetitively so that the surgeon sees a real-time video augmented image of tissue 203.” [0108]).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-3, 5, 7-8, 13-14, 16, & 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over McDowall in view of Kaku et al (US20140316195A1; hereinafter referred to Kaku).
Regarding Claim 2, McDowall discloses all limitations noted above except that the second set of one or more images includes a plurality of images depicting a structure within the scene; and the controller is further configured to: detect a difference between spectral reflectances of the plurality of images, and identify, based on the detected difference between the spectral reflectances, pixels in at least one image of the plurality of images that correspond to structure tissue of the structure.
However, in a similar field of endeavor, Kaku teaches an endoscope system capable of extracting blood vessels [Abstract].
Kaku also teaches that the second set of one or more images includes a plurality of images depicting a structure within the scene; and the controller is further configured to: detect a difference between spectral reflectances of the plurality of images, and identify, based on the detected difference between the spectral reflectances, pixels in at least one image of the plurality of images that correspond to structure tissue of the structure (“an image signal acquisition unit for acquiring two or more color signals having different pieces of color information by receiving and imaging return light from the subject using an imaging element” [0010], “When illumination light is irradiated to a superficial blood vessel, the B component of the illumination light is largely absorbed by the superficial blood vessel, while the G component is not absorbed almost. For this reason, the B/G ratio is equal to or less than Ls in most cases. Therefore, it can be seen that the superficial blood vessel is projected to the pixel having a B/G ratio equal to or less than Ls (that is, Ls is a boundary value between the mucous membrane and the superficial blood vessel). On the other hand, when illumination light is irradiated to a medium-deep blood vessel, the G component of the illumination light is largely absorbed by the medium-deep blood vessel, while the B component is not absorbed almost. For this reason, the B/G ratio is equal to or greater than Ld in most cases. Therefore, it can be seen that the medium-deep blood vessel is projected to the pixel having a B/G ratio equal to or larger than Ld (that is, Ld is a boundary value between the mucous membrane and the medium-deep blood vessel).” [0053], “ medium-deep blood vessels and superficial blood vessels are separated from each other using the B/G ratio. Instead of this, the blood vessels can also be separated using calculation values obtained by calculation using two or more color signals having different pieces of color information, such as a G/B ratio, a B−G difference, a G−B difference, a B/(B+G) ratio, a G/(B+G) ratio, a B/R ratio, an RIB ratio, a B−R difference, an R−B difference, and a RN ratio.” [0069]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the second set of one or more images includes a plurality of images depicting a structure within the scene; and the controller is further configured to: detect a difference between spectral reflectances of the plurality of images, and identify, based on the detected difference between the spectral reflectances, pixels in at least one image of the plurality of images that correspond to structure tissue of the structure as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 3, McDowall discloses all limitations noted above except that the controller is further configured to cause the display unit to: display the at least one image; and artificially highlight the pixels that correspond to the structure tissue in the at least one image.
However, in a similar field of endeavor, Kaku teaches the controller is further configured to cause the display unit to: display the at least one image; and artificially highlight the pixels that correspond to the structure tissue in the at least one image (“The blood vessel enhancement image or suppression image generation section 65 generates a superficial blood vessel enhancement image or suppression image, in which a superficial blood vessel is enhanced (or suppressed), by combining the superficial blood vessel extraction image and the base image, and generates a medium-deep blood vessel enhancement image or suppression image, in which a medium-deep blood vessel is enhanced (or suppressed), by combining the medium-deep blood vessel extraction image and the base image. When enhancing the blood vessel a value obtained by increasing the pixel value of each pixel in the superficial blood vessel extraction image (or a medium-deep blood vessel extraction image several times is added to the pixel value of each pixel of the base image.” [0060]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the controller is further configured to cause the display unit to: display the at least one image; and artificially highlight the pixels that correspond to the structure tissue in the at least one image as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 5, McDowall discloses all limitations noted above except that the controller is further configured to identify, based on the detected difference between the spectral reflectances, additional pixels in at least one image of the plurality of images that correspond to non-structure tissue outside the structure.
However, in a similar field of endeavor, Kaku teaches the controller is further configured to identify, based on the detected difference between the spectral reflectances, additional pixels in at least one image of the plurality of images that correspond to non-structure tissue outside the structure (“When illumination light is irradiated to a superficial blood vessel, the B component of the illumination light is largely absorbed by the superficial blood vessel, while the G component is not absorbed almost. For this reason, the B/G ratio is equal to or less than Ls in most cases. Therefore, it can be seen that the superficial blood vessel is projected to the pixel having a B/G ratio equal to or less than Ls (that is, Ls is a boundary value between the mucous membrane and the superficial blood vessel). On the other hand, when illumination light is irradiated to a medium-deep blood vessel, the G component of the illumination light is largely absorbed by the medium-deep blood vessel, while the B component is not absorbed almost. For this reason, the B/G ratio is equal to or greater than Ld in most cases. Therefore, it can be seen that the medium-deep blood vessel is projected to the pixel having a B/G ratio equal to or larger than Ld (that is, Ld is a boundary value between the mucous membrane and the medium-deep blood vessel).” [0053]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the controller is further configured to identify, based on the detected difference between the spectral reflectances, additional pixels in at least one image of the plurality of images that correspond to non-structure tissue outside the structure as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 7, McDowall discloses all limitations noted above except that the identifying comprises: transforming a location in each of the plurality of images into a structure signal; and determining whether the structure signal is indicative of the structure tissue at the location.
However, in a similar field of endeavor, Kaku teaches the identifying comprises: transforming a location in each of the plurality of images into a structure signal; and determining whether the structure signal is indicative of the structure tissue at the location (“The image processing unit 57 includes a B/G image generation section 61 (a form of a multi-color image generation unit), a blood vessel extraction image generation section 63, and a blood vessel enhancement image or suppression image generation section 65 (a form of a blood vessel enhancement image or suppression image generation unit). The B/G image generation section 61 generates a B/G image having a brightness ratio B/G (B/G ratio) between the blue signal B and the green signal G. Here, the B/G ratio indicates a brightness ratio of pixels at the same position between the blue signal B and the green signal G.” [0050], “When the first observation mode is set, a superficial blood vessel extraction image or a medium-deep blood vessel extraction image is generated using a first observation mode table 63 a. Correlation between the brightness ratio B/G and the blood vessel depth shown in FIG. 6 is stored in the first observation mode table 63 a. This correlation is a proportional relationship in which the brightness ratio B/G (B/G ratio) increases as the blood vessel depth increases.” [0051]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the identifying comprises: transforming a location in each of the plurality of images into a structure signal; and determining whether the structure signal is indicative of the structure tissue at the location as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 8, McDowall discloses all limitations noted above except that the determining comprises comparing a ratio of the structure signal and a non-structure signal with a threshold.
However, in a similar field of endeavor, Kaku teaches the determining comprises comparing a ratio of the structure signal and a non-structure signal with a threshold (“The image processing unit 57 includes a B/G image generation section 61 (a form of a multi-color image generation unit), a blood vessel extraction image generation section 63, and a blood vessel enhancement image or suppression image generation section 65 (a form of a blood vessel enhancement image or suppression image generation unit). The B/G image generation section 61 generates a B/G image having a brightness ratio B/G (B/G ratio) between the blue signal B and the green signal G. Here, the B/G ratio indicates a brightness ratio of pixels at the same position between the blue signal B and the green signal G.” [0050], “In the first observation mode, the percentage of the blue wavelength component (B component) of return light from the subject is approximately the same as the percentage of the green wavelength component (G component) of the return light. Therefore, as shown in FIG. 7, when the illumination light is irradiated to the mucous membrane with no blood vessels, the ratio of the B and G components of the return light is approximately fixed. This is because there is no large light absorption in the mucous membrane. Assuming that the average B/G ratio in this case is P, the B/G ratio in the mucous membrane falls within a fixed range of “Ls to P to Ld”. Here Ls is a lower limit of the B/G ratio of the mucous membrane in the first observation mode, and Ld is an upper limit of the B/G ratio of the mucous membrane in the first observation mode.” [0052], “When illumination light is irradiated to a superficial blood vessel, the B component of the illumination light is largely absorbed by the superficial blood vessel, while the G component is not absorbed almost. For this reason, the B/G ratio is equal to or less than Ls in most cases. Therefore, it can be seen that the superficial blood vessel is projected to the pixel having a B/G ratio equal to or less than Ls (that is, Ls is a boundary value between the mucous membrane and the superficial blood vessel).” [0053], “ when generating a superficial blood vessel extraction image in the first observation mode, only the pixel value of a pixel having a B/G ratio equal to or less than Ls is extracted from the B/G image, and binarization processing for setting the pixel values of other pixels to 0 is performed.” [0054]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with the determining comprises comparing a ratio of the structure signal and a non-structure signal with a threshold as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 13, McDowall discloses all limitations noted above except that the second set of one or more images includes a plurality of images depicting a structure within the scene; and the controller is further configured to: detect a difference between spectral reflectances of the plurality of images, and identify, based on the detected difference between the spectral reflectances, pixels in at least one image of the plurality of images that correspond to structure tissue of the structure.
However, in a similar field of endeavor, Kaku teaches an endoscope system capable of extracting blood vessels [Abstract].
Kaku also teaches that the second set of one or more images includes a plurality of images depicting a structure within the scene; and the controller is further configured to: detect a difference between spectral reflectances of the plurality of images, and identify, based on the detected difference between the spectral reflectances, pixels in at least one image of the plurality of images that correspond to structure tissue of the structure (“an image signal acquisition unit for acquiring two or more color signals having different pieces of color information by receiving and imaging return light from the subject using an imaging element” [0010], “When illumination light is irradiated to a superficial blood vessel, the B component of the illumination light is largely absorbed by the superficial blood vessel, while the G component is not absorbed almost. For this reason, the B/G ratio is equal to or less than Ls in most cases. Therefore, it can be seen that the superficial blood vessel is projected to the pixel having a B/G ratio equal to or less than Ls (that is, Ls is a boundary value between the mucous membrane and the superficial blood vessel). On the other hand, when illumination light is irradiated to a medium-deep blood vessel, the G component of the illumination light is largely absorbed by the medium-deep blood vessel, while the B component is not absorbed almost. For this reason, the B/G ratio is equal to or greater than Ld in most cases. Therefore, it can be seen that the medium-deep blood vessel is projected to the pixel having a B/G ratio equal to or larger than Ld (that is, Ld is a boundary value between the mucous membrane and the medium-deep blood vessel).” [0053], “ medium-deep blood vessels and superficial blood vessels are separated from each other using the B/G ratio. Instead of this, the blood vessels can also be separated using calculation values obtained by calculation using two or more color signals having different pieces of color information, such as a G/B ratio, a B−G difference, a G−B difference, a B/(B+G) ratio, a G/(B+G) ratio, a B/R ratio, an RIB ratio, a B−R difference, an R−B difference, and a RN ratio.” [0069]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the second set of one or more images includes a plurality of images depicting a structure within the scene; and the controller is further configured to: detect a difference between spectral reflectances of the plurality of images, and identify, based on the detected difference between the spectral reflectances, pixels in at least one image of the plurality of images that correspond to structure tissue of the structure as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 14, McDowall discloses all limitations noted above except that the controller is further configured to cause the display unit to: display the at least one image; and artificially highlight the pixels that correspond to the structure tissue in the at least one image.
However, in a similar field of endeavor, Kaku teaches the controller is further configured to cause the display unit to: display the at least one image; and artificially highlight the pixels that correspond to the structure tissue in the at least one image (“The blood vessel enhancement image or suppression image generation section 65 generates a superficial blood vessel enhancement image or suppression image, in which a superficial blood vessel is enhanced (or suppressed), by combining the superficial blood vessel extraction image and the base image, and generates a medium-deep blood vessel enhancement image or suppression image, in which a medium-deep blood vessel is enhanced (or suppressed), by combining the medium-deep blood vessel extraction image and the base image. When enhancing the blood vessel a value obtained by increasing the pixel value of each pixel in the superficial blood vessel extraction image (or a medium-deep blood vessel extraction image several times is added to the pixel value of each pixel of the base image.” [0060]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the controller is further configured to cause the display unit to: display the at least one image; and artificially highlight the pixels that correspond to the structure tissue in the at least one image as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 16, McDowall discloses all limitations noted above except that the controller is further configured to identify, based on the detected difference between the spectral reflectances, additional pixels in at least one image of the plurality of images that correspond to non-structure tissue outside the structure.
However, in a similar field of endeavor, Kaku teaches the controller is further configured to identify, based on the detected difference between the spectral reflectances, additional pixels in at least one image of the plurality of images that correspond to non-structure tissue outside the structure (“When illumination light is irradiated to a superficial blood vessel, the B component of the illumination light is largely absorbed by the superficial blood vessel, while the G component is not absorbed almost. For this reason, the B/G ratio is equal to or less than Ls in most cases. Therefore, it can be seen that the superficial blood vessel is projected to the pixel having a B/G ratio equal to or less than Ls (that is, Ls is a boundary value between the mucous membrane and the superficial blood vessel). On the other hand, when illumination light is irradiated to a medium-deep blood vessel, the G component of the illumination light is largely absorbed by the medium-deep blood vessel, while the B component is not absorbed almost. For this reason, the B/G ratio is equal to or greater than Ld in most cases. Therefore, it can be seen that the medium-deep blood vessel is projected to the pixel having a B/G ratio equal to or larger than Ld (that is, Ld is a boundary value between the mucous membrane and the medium-deep blood vessel).” [0053]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the controller is further configured to identify, based on the detected difference between the spectral reflectances, additional pixels in at least one image of the plurality of images that correspond to non-structure tissue outside the structure as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 18, McDowall discloses all limitations noted above except that the identifying comprises: transforming a location in each of the plurality of images into a structure signal; and determining whether the structure signal is indicative of the structure tissue at the location.
However, in a similar field of endeavor, Kaku teaches the identifying comprises: transforming a location in each of the plurality of images into a structure signal; and determining whether the structure signal is indicative of the structure tissue at the location (“The image processing unit 57 includes a B/G image generation section 61 (a form of a multi-color image generation unit), a blood vessel extraction image generation section 63, and a blood vessel enhancement image or suppression image generation section 65 (a form of a blood vessel enhancement image or suppression image generation unit). The B/G image generation section 61 generates a B/G image having a brightness ratio B/G (B/G ratio) between the blue signal B and the green signal G. Here, the B/G ratio indicates a brightness ratio of pixels at the same position between the blue signal B and the green signal G.” [0050], “When the first observation mode is set, a superficial blood vessel extraction image or a medium-deep blood vessel extraction image is generated using a first observation mode table 63 a. Correlation between the brightness ratio B/G and the blood vessel depth shown in FIG. 6 is stored in the first observation mode table 63 a. This correlation is a proportional relationship in which the brightness ratio B/G (B/G ratio) increases as the blood vessel depth increases.” [0051]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with that the identifying comprises: transforming a location in each of the plurality of images into a structure signal; and determining whether the structure signal is indicative of the structure tissue at the location as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Regarding Claim 19, McDowall discloses all limitations noted above except that the determining comprises comparing a ratio of the structure signal and a non-structure signal with a threshold.
However, in a similar field of endeavor, Kaku teaches the determining comprises comparing a ratio of the structure signal and a non-structure signal with a threshold (“The image processing unit 57 includes a B/G image generation section 61 (a form of a multi-color image generation unit), a blood vessel extraction image generation section 63, and a blood vessel enhancement image or suppression image generation section 65 (a form of a blood vessel enhancement image or suppression image generation unit). The B/G image generation section 61 generates a B/G image having a brightness ratio B/G (B/G ratio) between the blue signal B and the green signal G. Here, the B/G ratio indicates a brightness ratio of pixels at the same position between the blue signal B and the green signal G.” [0050], “In the first observation mode, the percentage of the blue wavelength component (B component) of return light from the subject is approximately the same as the percentage of the green wavelength component (G component) of the return light. Therefore, as shown in FIG. 7, when the illumination light is irradiated to the mucous membrane with no blood vessels, the ratio of the B and G components of the return light is approximately fixed. This is because there is no large light absorption in the mucous membrane. Assuming that the average B/G ratio in this case is P, the B/G ratio in the mucous membrane falls within a fixed range of “Ls to P to Ld”. Here Ls is a lower limit of the B/G ratio of the mucous membrane in the first observation mode, and Ld is an upper limit of the B/G ratio of the mucous membrane in the first observation mode.” [0052], “When illumination light is irradiated to a superficial blood vessel, the B component of the illumination light is largely absorbed by the superficial blood vessel, while the G component is not absorbed almost. For this reason, the B/G ratio is equal to or less than Ls in most cases. Therefore, it can be seen that the superficial blood vessel is projected to the pixel having a B/G ratio equal to or less than Ls (that is, Ls is a boundary value between the mucous membrane and the superficial blood vessel).” [0053], “ when generating a superficial blood vessel extraction image in the first observation mode, only the pixel value of a pixel having a B/G ratio equal to or less than Ls is extracted from the B/G image, and binarization processing for setting the pixel values of other pixels to 0 is performed.” [0054]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall as outlined above with the determining comprises comparing a ratio of the structure signal and a non-structure signal with a threshold as taught by Kaku, because differentiating superficial blood vessels or medium-deep blood vessels from the image and displaying an image, which is obtained by extracting only blood vessels to be observed, on a monitor has been demanded [0006].
Claims 4 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over McDowall in view of Kaku as applied to Claims 2 & 13 above, and further in view of Takasugi et al (US20090118578A1; hereinafter referred to Takasugi).
Regarding Claim 4, McDowall in view of Kaku discloses all limitations noted above except that the second illumination comprises at least one of: a first narrowband light component having wavelengths in a range from 450 nm to 580 nm; a second narrowband light component having wavelengths in a range from 640 nm to 750 nm; or a third narrowband light component having wavelengths in a range from 900 nm to 1080 nm.
However, in a similar field of endeavor, Takasugi teaches an endoscope apparatus and an image processing apparatus capable of obtaining observation images under normal light and observation images under fluorescence [Abstract].
Taksugi also teaches that the second illumination comprises at least one of: a first narrowband light component having wavelengths in a range from 450 nm to 580 nm; a second narrowband light component having wavelengths in a range from 640 nm to 750 nm; or a third narrowband light component having wavelengths in a range from 900 nm to 1080 nm (“The RGB filter 228 is configured so as to comprise an R filter 228 a, a G filter 228 b and a B filter 228 c respectively having transmission characteristics shown in FIG. 36. More specifically, the R filter 228 a is configured to transmit a red wavelength band of 600 nm to 700 nm, the G filter 228 b is configured to transmit a green wavelength band of 500 nm to 600 nm, and the B filter 228 c is configured to transmit a blue wavelength band of 400 nm to 500 mm.” [0200], “Furthermore, in addition to the above-described configurations, the R filter 228 a and the G filter 228 b are configured to transmit a wavelength band of 790 nm to 820 nm for infrared observation. Moreover, in addition to the above-described configuration, the B filter 228 c is configured to transmit a wavelength band of 900 nm to 980 nm for infrared observation.” [0201], “The band switching filter 280 is rotationally driven by the motor 281 according to a filter switching instructing signal from the CPU 256. In addition, due to rotational driving from the motor 281, the band switching filter 280 is configured so that: the normal/fluorescence observation filter 280 a is positioned on the light path of the lamp 224 when normal observation and fluorescence observation are performed; the Narrow Band Imaging filter 280 b is positioned on the light path of the lamp 224 when Narrow Band Imaging is performed; and the infrared observation filter 280 c is positioned on the light path of the lamp 224 when infrared observation is performed.” [0206]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall in view of Kaku as outlined above with the second illumination comprises at least one of: a first narrowband light component having wavelengths in a range from 450 nm to 580 nm; a second narrowband light component having wavelengths in a range from 640 nm to 750 nm; or a third narrowband light component having wavelengths in a range from 900 nm to 1080 nm as taught by Takasugi, because it enables observation of vessels in a superficial portion of mucous membrane at a higher contrast [0009].
Regarding Claim 15, McDowall in view of Kaku discloses all limitations noted above except that the second illumination comprises at least one of: a first narrowband light component having wavelengths in a range from 450 nm to 580 nm; a second narrowband light component having wavelengths in a range from 640 nm to 750 nm; or a third narrowband light component having wavelengths in a range from 900 nm to 1080 nm.
However, in a similar field of endeavor, Takasugi teaches an endoscope apparatus and an image processing apparatus capable of obtaining observation images under normal light and observation images under fluorescence [Abstract].
Taksugi also teaches that the second illumination comprises at least one of: a first narrowband light component having wavelengths in a range from 450 nm to 580 nm; a second narrowband light component having wavelengths in a range from 640 nm to 750 nm; or a third narrowband light component having wavelengths in a range from 900 nm to 1080 nm (“The RGB filter 228 is configured so as to comprise an R filter 228 a, a G filter 228 b and a B filter 228 c respectively having transmission characteristics shown in FIG. 36. More specifically, the R filter 228 a is configured to transmit a red wavelength band of 600 nm to 700 nm, the G filter 228 b is configured to transmit a green wavelength band of 500 nm to 600 nm, and the B filter 228 c is configured to transmit a blue wavelength band of 400 nm to 500 mm.” [0200], “Furthermore, in addition to the above-described configurations, the R filter 228 a and the G filter 228 b are configured to transmit a wavelength band of 790 nm to 820 nm for infrared observation. Moreover, in addition to the above-described configuration, the B filter 228 c is configured to transmit a wavelength band of 900 nm to 980 nm for infrared observation.” [0201], “The band switching filter 280 is rotationally driven by the motor 281 according to a filter switching instructing signal from the CPU 256. In addition, due to rotational driving from the motor 281, the band switching filter 280 is configured so that: the normal/fluorescence observation filter 280 a is positioned on the light path of the lamp 224 when normal observation and fluorescence observation are performed; the Narrow Band Imaging filter 280 b is positioned on the light path of the lamp 224 when Narrow Band Imaging is performed; and the infrared observation filter 280 c is positioned on the light path of the lamp 224 when infrared observation is performed.” [0206]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of McDowall in view of Kaku as outlined above with the second illumination comprises at least one of: a first narrowband light component having wavelengths in a range from 450 nm to 580 nm; a second narrowband light component having wavelengths in a range from 640 nm to 750 nm; or a third narrowband light component having wavelengths in a range from 900 nm to 1080 nm as taught by Takasugi, because it enables observation of vessels in a superficial portion of mucous membrane at a higher contrast [0009].
Claims 6 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over McDowall in view of Kaku as applied to Claim 5 & 16 above, and further in view of Stewart et al (US20150133751A1; hereinafter referred to Stewart).
Regarding Claim 6, McDowall in view of Kaku discloses all limitations noted above except that the structure is a ureter; the structure tissue is ureter tissue of the ureter; and the non-structure tissue is non-ureter tissue outside the ureter.
However, in a similar field of endeavor, Stewart teaches Devices, systems, and methods for distinguishing tissue types [Abstract].
Stewart also teaches that the structure is a ureter; the structure tissue is ureter tissue of the ureter; and the non-structure tissue is non-ureter tissue outside the ureter (“A pig kidney with ureter attached is used to demonstrate technical feasibility of discriminating between different tissue types using the intraoperative optical diagnostic devices and systems described above. The ureter 801 was selected as the tissue type of interest, and the other anatomic features, such as normal renal parenchyma (NRP 802) and fat 803, were selected as matrix (i.e., background). The sample was analyzed using an experimental set up as illustrated in FIG. 1 in which a quartz tungsten halogen lamp was used as an illumination source, the filter was a MCF conformal filter, and the detector was a CCD camera. RtCE methodology was applied to the image data collected using the device described above. Two VIS/NIR reflectance images (FIG. 8A, B) were generated. The optical computation was applied, and a score image FIG. 8C was generated. As illustrated in the detection image (FIG. 8D), the ureter 804 was detected and distinguished from the majority of the background features.” [0125]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of McDowall in view of Kaku as outlined above with the structure is a ureter; the structure tissue is ureter tissue of the ureter; and the non-structure tissue is non-ureter tissue outside the ureter as taught by Stewart, because There exists a need for a system and method that would enable objective analysis of organ samples and other biological tissues [0017].
Regarding Claim 17, McDowall in view of Kaku discloses all limitations noted above except that the structure is a ureter; the structure tissue is ureter tissue of the ureter; and the non-structure tissue is non-ureter tissue outside the ureter.
However, in a similar field of endeavor, Stewart teaches Devices, systems, and methods for distinguishing tissue types [Abstract].
Stewart also teaches that the structure is a ureter; the structure tissue is ureter tissue of the ureter; and the non-structure tissue is non-ureter tissue outside the ureter (“A pig kidney with ureter attached is used to demonstrate technical feasibility of discriminating between different tissue types using the intraoperative optical diagnostic devices and systems described above. The ureter 801 was selected as the tissue type of interest, and the other anatomic features, such as normal renal parenchyma (NRP 802) and fat 803, were selected as matrix (i.e., background). The sample was analyzed using an experimental set up as illustrated in FIG. 1 in which a quartz tungsten halogen lamp was used as an illumination source, the filter was a MCF conformal filter, and the detector was a CCD camera. RtCE methodology was applied to the image data collected using the device described above. Two VIS/NIR reflectance images (FIG. 8A, B) were generated. The optical computation was applied, and a score image FIG. 8C was generated. As illustrated in the detection image (FIG. 8D), the ureter 804 was detected and distinguished from the majority of the background features.” [0125]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of McDowall in view of Kaku as outlined above with the structure is a ureter; the structure tissue is ureter tissue of the ureter; and the non-structure tissue is non-ureter tissue outside the ureter as taught by Stewart, because There exists a need for a system and method that would enable objective analysis of organ samples and other biological tissues [0017].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure (US20130289415A1).
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
Prosecution Insights