DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/02/2025 has been entered.
As indicated by the amendment submitted with the request for continued examination: claims 1, 7-9, 11, 21, 42-43, 47-50 and 54 have been amended and claims 28 and 31 have been cancelled. In response to the amendment of claim 43, its rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, has been withdrawn. Claims 1-9, 11, 13, 21-22, 24-27, 29, 32-36 and 38-56 are presently pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9, 11, 13, 21-22, 24-27, 29, 32-36 and 38-56 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims recite “an endoscope body including a handle”. However, the specification, as originally filed, discloses that the handle is connected to the endoscope body (see par. [0063] and [0125]), and not that it is a part of the endoscope body, as now claimed. Accordingly, the claims fail to comply with the written description requirement. For purposes of examination, “an endoscope body including a handle” is interpreted as “an endoscope handle” as recited in the specification.
Claim 36 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended dependent claim 36 recites “a light source controller” mounted in the tablet display device. However, independent claim 1, from which it depends, also recites “a light source controller” within the tablet display device. The specification, as originally filed, does not disclose two light source controllers within the tablet display device. Accordingly, the claim fails to comply with the written description requirement. For purposes of examination, the light source controller of claim 36 is interpreted as the light source controller of independent claim 1.
Claim 49 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended dependent claim 49 recites “wherein the light source controller controls the white LED light source mounted in the tablet display device”. However, independent claim 43, from which claim 49 depends, recites that the white LED light source is located in the handle. Additionally, nowhere in the specification, as originally filed, is it disclosed that the white LED light source is located in the tablet display device. Accordingly, the claim fails to comply with the written description requirement.
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, 8-9, 21, 35, 40, 41, 49 and 50 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 the limitation "the endoscope handle" in the eighteenth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the white balance operation" in the fourth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the endoscope handle" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the endoscope handle" in the twenty-fourth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 35 recites the limitation "the endoscope handle" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 40 recites the limitation "the handle control elements" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 41 recites the limitation "the endoscope handle" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Amended dependent claim 49 recites “wherein the light source controller controls the white LED light source mounted in the tablet display device”. However, independent claim 43, from which claim 49 depends, recites that the white LED light source is located in the handle of the endoscope body. It is not clear how the white LED light source can be located both in the handle of the endoscope body and in the tablet display device. Accordingly, the claim is rendered indefinite. For purposes of examination, this limitation is interpreted as “wherein the light source controller controls the white LED light source mounted in the handle”.
Amended independent claim 50 recites “the camera including an image sensor with a single chip package” and “the camera having an image sensor array within a single chip package”. It is not clear whether Applicant intends to claim the camera having two image sensors, as recited, or one image sensor. Appropriate correction is required. For purposes of examination, the claim is interpreted to require one image sensor.
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 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.
Claims 1-9, 13, 24-27, 29, 33-36 and 38-42 are rejected under 35 U.S.C. 103 as being unpatentable over Cheung et al. (US 2010/0217080 A1) in view of Gill et al. (US 2008/0064925 A1) in view of Kucklick et al. (US 2005/0234298 A1) in view of Fowler et al. (US 2010/0081875 A1) in view of Kim (US 2016/0331213 A1) in view of Medler et al. (US 2012/0162401 A1) in view of Navok et al. (US 2006/0173242 A1).
Regarding claim 1, Cheung discloses an arthroscopic imaging system comprising: a cannula (50; Fig. 2; par. [0047]) having a cannula channel (interior of cannula); an endoscope body including a handle (32; par. [0041]) having a connector device that communicates image data to a display device (par. [0042]) with a cable (30), the endoscope body display device and wherein a light source (par. [0043], [0039] and [0040]) in the handle (32) that is configured to operate in response to at least one of an endoscope and a touch actuated control on the touchscreen display, the arthroscopic surgical procedure (par. [0041] – input controls for recording video and still images the handle control element being configured to operate the camera to take at least one of images and video of a surgical procedure); and wherein the endoscope handle (32) is attached to a tubular endoscope device (10/12) a diameter of 3 mm or less (par. [0009]-[0010]) for insertion into arthroscopic joints (capable of this intended use), the tubular endoscope device being insertable through the cannula channel (Fig. 3), the tubular endoscope device further comprising an annular array of optical fibers (78; Fig. 8B; par. [0052]-[0053]) that are optically connected to the light source (par. [0053]) in the endoscope handle (32; par. [0043]-[0044] and [0053]-[0054]; Fig. 2).
Although Cheung discloses the sheath having a distal window (16) to image the field of view, it does not specifically disclose the sheath having a distal element defining a field of view. Additionally, Cheung does not specifically disclose. Gill teaches an analogous endoscope system wherein the tubular sheath (204; Fig. 24B; par. [0151]) has a distal optical element (560/562/564/566; Fig. 24B; par. [0151]) defining a field of view. It would have been obvious to one having ordinary skill in the art to have substituted the distal end optical assembly of Gill for that of Cheung, being a simple substitution of one known optical configuration for another, having predictable results.
Although Cheung discloses the endoscope (36) and tubular sheath (10/12) being inserted into a channel of the cannula (50; Fig. 2; par. [0047]) for minimally invasive surgery, it does not specifically disclose the system including an arthroscopic tool operatively configured for insertion through another cannula channel of a cannula, the cannula having an outer diameter of less than 4mm. Kucklick teaches an analogous endoscope system wherein an endoscope (2) and an arthroscopic tool (par. [0048]; Fig. 11) are inserted into a cannula (3; Figs. 11 and 12) having a working channel (56; first cannula channel) for the arthroscopic tool and a lumen (second cannula channel) for the endoscope (2; Fig. 12). Additionally, Kucklick teaches that when the cannula (3) is manufactured for use with arthroscopic instruments in smaller joints, it has an outer diameter measuring about 2-5mm (par. [0041] and [0042]). It would have been obvious to one having ordinary skill in the art to have modified the cannula of Cheung with that of Kucklick, including a working channel for an arthroscopic tool, and to provide the arthroscopic tool, in order reduce the number of incisions made during surgery, thereby minimizing the invasiveness of surgery, by allowing the surgeon to view the surgical site and perform a procedure through one cannula and incision.
Although Cheung discloses that the light source comprises a light emitting diode (LED) (par. [0041] and [0043] – illumination source), it does not specifically disclose that LED is white. Fowler teaches an analogous device wherein the light source includes a white light emitting diode that is useful due to its small package size, lifespan and color temperature (par. [0097]). It would have been obvious to one having ordinary skill in the art to have utilized a white LED in the device of Cheung thereby taking advantage of their small package size, lifespan and color temperature, as taught by Fowler.
However, Cheung does not specifically disclose that is display device is a tablet display device having a battery, a touchscreen display, a system controller, a video signal processor, and a light source controller, the touchscreen display being configured to actuate electrical power and control a light source with the light source controller. Kim teaches a tablet controlled endoscopic system (Fig. 3), wherein the device is a tablet display device (130) having a battery (par. [0091]), a touchscreen display (152; par. [0063]), a system controller (par. [0089] – endoscope driving application), a video signal processor (par. [0073]-[0076]), and a light source controller, (par. [0070], remote control), the touchscreen display (152) being configured to actuate electrical power (turn on/off the light source and also actuates electrical power via remote control to control bending of the endoscope – par. [0093]) and control a light source with the light source controller (par. [0070]; remote control). It would have been obvious to one having ordinary skill in the art to have made the display device of Cheung a battery powered tablet display device connected to the endoscope, as taught by Kim, thereby allowing the operating room personnel to view images captured by the endoscope and control endoscopic operations in real time, as taught by Kim.
Cheung does not specifically disclose wherein a touch actuated camera control unit within the tablet display device controls operation of a camera having an image sensor in single chip package for of an arthroscopic surgical procedure, or that its handle communicates raw image data to the tablet display device. Medler teaches a tablet controlled endoscopic system (Figs. 8 and 16), comprising a tablet display device (409; par. [0120]; Fig. 16) wherein a touch actuated camera control unit (par. [0131]- software application providing a graphical user interface to provide input) within the tablet display device (409) controls operation of a camera including having an image sensor in single chip package (par. [0111] – CMOS image sensor) for imaging of a surgical procedure (endoscopy). Medler also teaches the endoscope having a connector device (portion of endoscope that connects to 70; Fig. 3; par. [0052]; see also par. [0121] – composite video output or RCA jack) that communicates raw image data (par. [0123]) to the tablet display device (36/409; par. [0123]; Figs. 3, 6 and 16) with a cable (80; Figs. 3 and 6). Medler teaches that the image processing functions are then performed upon the raw image at the tablet display device (par. [0123]). Medler further teaches that either the endoscope can transmit the raw image data to the tablet display device for image processing by the tablet display device (par. [0123]) or that the endoscope can process the raw image data and transmit it to the tablet display device (par. [0124]). It would have been obvious to one having ordinary skill in the art to include the touch actuated camera control unit in the tablet display of modified Cheung, in order to allow the operator to control the imaging components of the device, as taught by Medler. Additionally, it would have been obvious to one having ordinary skill in the art to communicate raw image data to the tablet display device for processing in the tablet display device as a substitution of one known method of image data transmission and processing for another, as taught by Medler, having the predictable result of displaying processed image data. As discussed above, Medler teaches use of both methods in the alternative.
Although modified Cheung teaches that the endoscope handle (32) includes a light source (par. [0043], [0039] and [0040]) that is configured to operate in response to an endoscope control element (par. [0041] – input controls for controlling the light source), it does not specifically disclose that the light source is connected to a light source controller that is configured to operate in response to the handle control element. Navok teaches an analogous endoscope handle (50) having a light source (65; Fig. 15; par. [0070]) that is connected to a light source controller (62/electronic device within endoscope; see par. [0107]-[0108]) configured to operate in response to a handle control element (60; Figs. 11A and 15; par. [0107]-[0108]). Navok teaches that the benefit of this configuration is to provide a mechanism for controlling the operation of the endoscope (20) without interfering with the hermetic enclosure of the handle (50) for autoclaving/sterilization (par. [0108]). It would have been obvious to one having ordinary skill in the art to have provided the light source controller/mechanism of Navok to the system of modified Cheung in order to provide a mechanism for controlling the operation of the endoscope without interfering with the hermetic enclosure of the handle for autoclaving/sterilization, as taught by Navok.
Regarding claim 2, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the system further comprises a fluid insertion connector (Cheung: 51; Kucklick: 24/29; par. [0033]; Fig. 2).
Regarding claim 3, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, and Gill teaches substitution of a prism assembly for the optical assembly such that an angle of view of the tubular endoscope device is offset from an insertion axis of the tubular endoscope device in order to provide angled viewing (Gill: par. [0101] and [0155]). It would have been obvious to one having ordinary skill in the art to have provided the prism assembly of Gill instead of the optical assembly in order to provide angled viewing, as taught by Gill.
Regarding claim 4, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 3 wherein the angle of view is defined by an angle relative to the insertion axis in a range of 5-45 degrees (Gill: par. [0101] and [0155]).
Regarding claim 5, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the tubular endoscope device (10/12) comprises a tubular body having an inner tube (72; Fig. 8A; par. [0052]) and an outer sheath (70; Fig. 8A; par. [0052]).
Regarding claim 6, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 5 wherein the outer sheath (70/12) has a diameter of 2 mm or less (par. [0010], [0012] and [0052]).
Regarding claim 7, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the single chip package comprises a CMOS sensor clocked to communicate serial RGB raw data (Medler: par. [0111] and [0123])
Regarding claim 8, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein the touchscreen display (Kim: 130/152) is connected to a touch processor that is operable in response to a plurality of touch icons and touch gestures associated with a graphical user interface (GUI), and wherein the camera control unit (Medler: par. [0131]- software application providing a graphical user interface to provide input) actuates the white balance operation and sets one or more parameters for an image sensor of the camera (Medler: par. [0131]).
Regarding claim 9, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein the endoscope handle comprises the [[a]] cable (30; Medler: 80) .
Regarding claim 13, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the cannula (Kucklick: 3) comprises a single cannula body (Kucklick: Figs. 11 and 12) that includes the first cannula channel (56) that can receive (is capable of receiving) a plurality of tools in sequence (Fig. 12).
Regarding claim 24, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 further comprising a port (51; Kucklick: 24/29) for delivering a fluid through the cannula (intended use).
Regarding claim 25, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 further comprising a cutting tool (Gill: 425; par. [0145] and Kucklick: par. [0048]) that is insertable through the cannula to cut tissue within a joint of a patient (intended use).
Regarding claim 26, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 further comprising a suction device (Kucklick: 24/30) coupled to the cannula to remove fluid or debris from a surgical site within a patient (intended use).
Regarding claim 27, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 further comprising a port (Kucklick: 24/29; par. [0035]) to insert a therapeutic agent through the cannula (intended use).
Regarding claim 29, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the tubular endoscope device (36) comprises a distal optical assembly (par. [0044]).
Regarding claim 33, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 29, and Gill teaches substitution of a prism assembly for the optical assembly such that an angle of view of the tubular endoscope device is offset from an insertion axis of the tubular endoscope device in order to provide angled viewing (Gill: par. [0101] and [0155]). It would have been obvious to one having ordinary skill in the art to have provided the prism assembly of Gill instead of the optical assembly in order to provide angled, off-axis viewing, as taught by Gill.
Regarding claim 34, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein a distal end of the tubular sheath comprises a lens (16) and Gill teaches substitution of a prism assembly for the optical assembly such that an angle of view of the tubular endoscope device is offset from an insertion axis of the tubular endoscope device in order to provide angled viewing (Gill: par. [0101] and [0155]). It would have been obvious to one having ordinary skill in the art to have provided the prism assembly of Gill instead of the optical assembly in order to provide angled, off-axis viewing, as taught by Gill.
Regarding claim 35, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein the cannula, arthroscopic tool, and tubular sheath (10; par. [0038]) are sterile, single-use items (all are capable of such intended use) and the endoscope handle (32) and endoscope (36) are multi-use items.
Regarding claim 36, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein [[the]] a light source controller is mounted in the tablet display device (Kim: par. [0070]; remote control).
Regarding claim 38, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein the tablet display device comprises a portable handheld device configured to operate a graphical user interface (GUI) (Kim: par. [0063]-[0064] and Fig. 2; Medler: par. [0131]).
Regarding claim 39, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 38, wherein the GUI is configured to operate in response to at least one of touch icons or touch gestures on the touchscreen display (Kim: par. [0093]; Medler: par. [0131]-[0132]).
Regarding claim 40, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein the handle control elements comprise a plurality of buttons that operate the camera to take images or video during the surgical procedure (par. [0041]; Medler: Fig. 2; 50/52/54/56).
Regarding claim 41, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1, wherein bidirectional control signals between the endoscope handle and the tablet display device are conducted by a cable that electrically connects the endoscope handle to the tablet display device (Kim: 20; Medler: Figs.6-8).
Regarding claim 42, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the white LED light source (Fowler: par. [0097]) comprises one or more light emitting diodes (LEDs) (Fowler: par. [0097]) that are optically coupled to the distal end of the tubular endoscope device (par. [0043]).
Claims 43-46, 48 and 50-56 are rejected under 35 U.S.C. 103 as being unpatentable over Cheung et al. (US 2010/0217080 A1) in view of Gill et al. (US 2008/0064925 A1) in view of Kucklick et al. (US 2005/0234298 A1) in view of Fowler et al. (US 2010/0081875 A1) in view of Kim (US 2016/0331213 A1) in view of Medler et al. (US 2012/0162401 A1).
Regarding claim 43, Cheung discloses an arthroscopic imaging system comprising: a cannula (50; Fig. 2; par. [0047]) having a cannula channel (interior of cannula); an endoscope body including a handle (32; par. [0041]) attached to a tubular imaging probe (10/12), the endoscope body being at least one of an endoscope user control element (par. [0041] – input controls for recording video and still images) and a touch actuated camera control on the touchscreen display, the user control element (par. [0041] – input controls) being configured to operate the camera to take at least one of images and video of a region of a joint during a surgical procedure (par. [0041] – input controls for recording video and still images the handle control element being configured to operate the camera to take at least one of images and video of a surgical procedure); wherein [[the]] a tubular imaging probe (10/12) has a diameter of 3 mm or less (par. [0009]-[0010]) for insertion into arthroscopic joints (capable of this intended use), the tubular imaging probe being insertable through the cannula channel (Fig. 3), the tubular imaging probe further comprising an annular array of optical fibers (78; Fig. 8B; par. [0052]-[0053]) that are optically connected to the light source (par. [0053]) in the handle (32; par. [0043]-[0044] and [0053]-[0054]; Fig. 2).
Although Cheung discloses the sheath having a distal window (16) to image the field of view, it does not specifically disclose the sheath having a distal element defining a field of view. Additionally, Cheung does not specifically disclose. Gill teaches an analogous endoscope system wherein the tubular sheath (204; Fig. 24B; par. [0151]) has a distal optical element (560/562/564/566; Fig. 24B; par. [0151]) defining a field of view. It would have been obvious to one having ordinary skill in the art to have substituted the distal end optical assembly of Gill for that of Cheung, being a simple substitution of one known optical configuration for another, having predictable results.
Although Cheung discloses the endoscope (36) and tubular sheath (10/12) being inserted into a channel of the cannula (50; Fig. 2; par. [0047]) for minimally invasive surgery, it does not specifically disclose the system including an arthroscopic tool operatively configured for insertion through another cannula channel of a cannula, the cannula having an outer diameter of less than 4mm. Kucklick teaches an analogous endoscope system wherein an endoscope (2) and an arthroscopic tool (par. [0048]; Fig. 11) are inserted into a cannula (3; Figs. 11 and 12) having a working channel (56; first cannula channel) for the arthroscopic tool and a lumen (second cannula channel) for the endoscope (2; Fig. 12). Additionally, Kucklick teaches that when the cannula (3) is manufactured for use with arthroscopic instruments in smaller joints, it has an outer diameter measuring about 2-5mm (par. [0041] and [0042]). It would have been obvious to one having ordinary skill in the art to have modified the cannula of Cheung with that of Kucklick, including a working channel for an arthroscopic tool, and to provide the arthroscopic tool, in order reduce the number of incisions made during surgery, thereby minimizing the invasiveness of surgery, by allowing the surgeon to view the surgical site and perform a procedure through one cannula and incision.
Although Cheung discloses that the light source comprises a light emitting diode (LED) (par. [0041] and [0043] – illumination source), it does not specifically disclose that LED is white. Fowler teaches an analogous device wherein the light source includes a white light emitting diode that is useful due to its small package size, lifespan and color temperature (par. [0097]). It would have been obvious to one having ordinary skill in the art to have utilized a white LED in the device of Cheung thereby taking advantage of their small package size, lifespan and color temperature, as taught by Fowler.
However, Cheung does not specifically disclose that is display device is a tablet display device having a battery, a touchscreen display, a system controller, a video signal processor, and control delivery of power and control a light source Kim teaches a tablet controlled endoscopic system (Fig. 3), wherein the device is a tablet display device (130) having a battery (par. [0091]), a touchscreen display (152; par. [0063]), a system controller (par. [0089] – endoscope driving application), a video signal processor (par. [0073]-[0076]), the touchscreen display (152) being configured to control delivery of power (turn on/off the light source – see par. [0070], and also actuates electrical power via remote control to control bending of the endoscope – see par. [0093]) and control a light source with a light source controller (par. [0070]; remote control). In addition, Kim teaches the camera being connected to the touch actuated camera control unit (par. [0069]. Applicant has not claimed any features or functionalities of this connection). It would have been obvious to one having ordinary skill in the art to have made the display device of Cheung a battery powered tablet display device connected to the endoscope, as taught by Kim, thereby allowing the operating room personnel to view images captured by the endoscope and control endoscopic operations in real time, as taught by Kim.
Cheung does not specifically disclose wherein the tablet display device comprises a touch actuated camera control unit that controls operation of a camera single chip package including single chip package, or that the camera single chip package communicates raw image data to the tablet display device with a cable. Medler teaches a tablet controlled endoscopic system (Figs. 8 and 16), comprising a tablet display device (409; par. [0120]; Fig. 16) wherein a touch actuated camera control unit (par. [0131]- software application providing a graphical user interface to provide input) within the tablet display device (409) controls operation of a camera including having an image sensor in single chip package (par. [0111] – CMOS image sensor) for imaging of a surgical procedure (endoscopy). Medler also teaches the endoscope having a connector device (portion of endoscope that connects to 70; Fig. 3; par. [0052]; see also par. [0121] – composite video output or RCA jack) that communicates raw image data (par. [0123]) of the camera single chip package to the tablet display device (36/409; par. [0123]; Figs. 3, 6 and 16) with a cable (80; Figs. 3 and 6). Medler teaches that the image processing functions are then performed upon the raw image at the tablet display device (par. [0123]). Medler further teaches that either the endoscope can transmit the raw image data to the tablet display device for image processing by the tablet display device (par. [0123]) or that the endoscope can process the raw image data and transmit it to the tablet display device (par. [0124]). It would have been obvious to one having ordinary skill in the art to include the touch actuated camera control unit in the tablet display of modified Cheung, in order to allow the operator to control the imaging components of the device, as taught by Medler. Additionally, it would have been obvious to one having ordinary skill in the art to communicate raw image data to the tablet display device for processing in the tablet display device as a substitution of one known method of image data transmission and processing for another, as taught by Medler, having the predictable result of displaying processed image data. As discussed above, Medler teaches use of both methods in the alternative.
Regarding claim 44, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 43 wherein the system further comprises a fluid insertion connector (Cheung: 51; Kucklick: 24/29; par. [0033]; Fig. 2).
Regarding claim 45, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 43 wherein the tubular imaging probe
Regarding claim 46, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 45 wherein the outer sheath (70/12) has a diameter of 2 mm or less (par. [0010], [0012] and [0052]).
Regarding claim 48, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 43, wherein the touchscreen display (Kim: 130/152) is connected to a touch processor that is operable in response to a plurality of touch icons and touch gestures associated with a graphical user interface (GUI), a processor and
Regarding claim 50, Cheung discloses an arthroscopic imaging system comprising: a first cannula (50; Fig. 2; par. [0047]) having a first cannula channel (interior of cannula); an endoscope body including a handle (32; par. [0041]) having a connector , the handle (32) further including an optical coupler (44, which connects to 40; par. [0045] and [0063]; Fig. 5) that connects the LED light source (par. [0043] and [0063]) to device that optically couples the LED light source in the handle to a distal end of the endoscope body to illuminate a region of interest within an arthroscopic joint (par. [0043], [0039], [0040] and [0053]-[0054]) and wherein the fiber optic device further comprises an annular array of optical fibers (78; Fig. 8B; par. [0052]-[0053])
Although Cheung discloses the sheath having a distal window (16) to image the field of view, it does not specifically disclose the sheath having a distal optical element defining a field of view. Additionally, Cheung does not specifically disclose. Gill teaches an analogous endoscope system wherein the tubular sheath (204; Fig. 24B; par. [0151]) has a distal optical element (560/562/564/566; Fig. 24B; par. [0151]) defining a field of view. It would have been obvious to one having ordinary skill in the art to have substituted the distal end optical assembly of Gill for that of Cheung, being a simple substitution of one known optical configuration for another, having predictable results.
Although Cheung discloses the endoscope (36) and tubular sheath (10/12) being inserted into a channel of the cannula (50; Fig. 2; par. [0047]) for minimally invasive surgery, it does not specifically disclose the system including an arthroscopic tool operatively configured for insertion through another cannula channel of a cannula, the cannula having an outer diameter of less than 4mm. Kucklick teaches an analogous endoscope system wherein an endoscope (2) and an arthroscopic tool (par. [0048]; Fig. 11) are inserted into a cannula (3; Figs. 11 and 12) having a working channel (56; first cannula channel) for the arthroscopic tool and a lumen (second cannula channel) for the endoscope (2; Fig. 12). Additionally, Kucklick teaches that when the cannula (3) is manufactured for use with arthroscopic instruments in smaller joints, it has an outer diameter measuring about 2-5mm (par. [0041] and [0042]). It would have been obvious to one having ordinary skill in the art to have modified the cannula of Cheung with that of Kucklick, including a working channel for an arthroscopic tool, and to provide the arthroscopic tool, in order reduce the number of incisions made during surgery, thereby minimizing the invasiveness of surgery, by allowing the surgeon to view the surgical site and perform a procedure through one cannula and incision.
Although Cheung discloses that the light source comprises a light emitting diode (LED) (par. [0041] and [0043] – illumination source), it does not specifically disclose that LED is white. Fowler teaches an analogous device wherein the light source includes a white light emitting diode that is useful due to its small package size, lifespan and color temperature (par. [0097]). It would have been obvious to one having ordinary skill in the art to have utilized a white LED in the device of Cheung thereby taking advantage of their small package size, lifespan and color temperature, as taught by Fowler.
However, modified Cheung does not specifically disclose that is display device is a tablet display device having a battery, a touchscreen display, a system controller, a video signal processor, the white LED light source, white LED light source being configured to operate in response to at least one touch actuated control on the touchscreen display. Kim teaches a tablet controlled endoscopic system (Fig. 3), wherein the device is a tablet display device (130) having a battery (par. [0091]), a touchscreen display (152; par. [0063]), a system controller (par. [0089] – endoscope driving application), a video signal processor (par. [0073]-[0076]), wherein the touchscreen display (152) is configured to actuate electrical power to the camera (par. [0016], [0038] and [0091]) and the light source (par. [0016], [0038] and [0091]), in response to at least one touch actuated signal (166; par. [0070]), the light source being configured to operate in response to at least one touch actuated control (166; par. [0070] on the touchscreen display (par. [0070]). It would have been obvious to one having ordinary skill in the art to have made the display device of modified Cheung a battery powered tablet display device connected to the endoscope, as taught by Kim, thereby allowing the operating room personnel to view images captured by the endoscope and control endoscopic operations in real time, as taught by Kim.
Cheung does not specifically disclose wherein a touch actuated camera control unit within the tablet display device controls operation of a camera, the tablet display device being configured to perform patient data entry parameters on the touchscreen display, the camera including an image sensor in single chip package, or that the camera having an image sensor array withing a single chip package that is clocked transmit raw image signals to the touch actuated camera control unit with a cable connected to the connector device. Medler teaches a tablet controlled endoscopic system (Figs. 8 and 16), comprising a tablet display device (409; par. [0120]; Fig. 16) wherein a touch actuated camera control unit (par. [0131]- software application providing a graphical user interface to provide input) within the tablet display device (409) controls operation of a camera including having an image sensor in single chip package (par. [0111] – CMOS image sensor) for imaging of a surgical procedure (endoscopy). Medler also teaches the endoscope having a connector device (portion of endoscope that connects to 70; Fig. 3; par. [0052]; see also par. [0121] – composite video output or RCA jack) that transmits raw image signals (par. [0123]) to the tablet display device (36/409; par. [0123]; Figs. 3, 6 and 16) with a cable (80; Figs. 3 and 6). Medler teaches that the image processing functions are then performed upon the raw image at the tablet display device (par. [0123]). Medler further teaches that either the endoscope can transmit the raw image data to the tablet display device for image processing by the tablet display device (par. [0123]) or that the endoscope can process the raw image data and transmit it to the tablet display device (par. [0124]). It would have been obvious to one having ordinary skill in the art to include the touch actuated camera control unit in the tablet display of modified Cheung, in order to allow the operator to control the imaging components of the device, as taught by Medler. Additionally, it would have been obvious to one having ordinary skill in the art to communicate raw image data to the tablet display device for processing in the tablet display device as a substitution of one known method of image data transmission and processing for another, as taught by Medler, having the predictable result of displaying processed image data. As discussed above, Medler teaches use of both methods in the alternative.
Regarding claim 51, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 50, wherein the second cannula channel extends through a second cannula (Fig. 3).
Regarding claim 52, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 50, wherein the second cannula channel extends through the first cannula (Fig. 3).
Regarding claim 53, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 50, further comprising user control elements (Medler: 50; Fig. 2; par. [0040]-[0041] and [0108]) that can be operated by a hand of the user to control camera operation and wherein the touchscreen display can be actuated to control camera operation (Medler: par. [0131]), and optionally controlling the white balance operation with the user control elements (Medler: (par. [0131]).
Regarding claim 54, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 50, wherein the white light is actuated using the touchscreen display (Kim: 166; par. [0070]) or manually operated control elements.
Regarding claim 55, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 53, wherein the user control elements actuate the white balance operation (Medler: par. [0040]-[0041], [0108] and [0131]).
Regarding claim 56, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 53, wherein the user control elements comprise buttons on the handle (Medler: 50; Fig. 2).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok , as applied to claim 1 above, in further view of Bala et al. (US 6478730 B1).
Regarding claim 11, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Navok disclose the system of claim 1 wherein the tubular endoscope device comprises a flexible tube .
Claims 21 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Cheung et al. (US 2010/0217080 A1) in view of Kucklick et al. (US 2005/0234298 A1) in view of Bala et al. (US 6478730 B1) ) in view of Fowler et al. (US 2010/0081875 A1) in view of Kim (US 2016/0331213 A1) in view of Medler et al. (US 2012/0162401 A1).
Regarding claim 21, Cheung discloses an arthroscopic system comprising: an endoscope body having a handle (32; par. [0041]) wherein the endoscope body includes a camera (par. [0041]) and an LED light source (illumination source; par. [0041]), the endoscope handle being communicatively connected with a display device (par. [0042]) with a cable (30); a cannula (50; par. [0047]) and a least one channel oriented along an insertion axis (Fig. 2); a fluid injection connector (51; par. [0047]); a tubular endoscope device (12/36; Fig. 2) having a diameter of 3 mm or less (par. [0009]-[0010]) for insertion into arthroscopic joints (capable of this intended use), the tubular endoscope device (12/36) having a distal optical assembly (par. [0044]) that is capable of sliding within the cannula (50; when the tubular endoscope device is inserted and removed) and operative to image a field of view including a surgical site accessible with a tool, the tubular endoscope device (10/36) including an annular array of optical fibers (78; Fig. 8B; par. [0052]-[0053]) optically coupled to the LED light source in the endoscope handle (32; par. [0035]-[0036]).
Although Cheung discloses the tubular endoscope device (10/36) being inserted into a cannula (50; Fig. 2; par. [0047]) for minimally invasive surgery, it does not specifically disclose the system including an arthroscopic tool operatively configured for insertion through a cannula channel of a cannula having a curved distal end such that the curved distal end is oriented along an insertion axis. Kucklick teaches an analogous endoscope system wherein an endoscope (2) and an arthroscopic tool (par. [0048]; Fig. 11) are inserted into a cannula (3; Figs. 11 and 12) having a working channel (56) for the arthroscopic tool, a lumen for the endoscope (2; Fig. 12), and a curved distal end (par. [0033]) such that the curved distal end is oriented along an insertion axis (for insertion of the cannula into the body). It would have been obvious to one having ordinary skill in the art to have modified the cannula of Cheung with that of Kucklick, including a working channel for an arthroscopic tool, and to provide the arthroscopic tool, in order reduce the number of incisions made during surgery, thereby minimizing the invasiveness of surgery, by allowing the surgeon to view the surgical site and perform a procedure through one cannula and incision.
Cheung does not specifically disclose the tubular endoscope device (12/36) including a flexible portion that is inserted through the curved distal end of the cannula. Bala teaches various analogous tubular endoscope devices (Figs. 1 and 14). In one embodiment the tubular endoscope device (Fig. 1; 4/14) is rigid, like that of Cheung. In another embodiment the tubular endoscope device (Fig. 14; 144/146) is flexible and wherein the sheath (146) is formed with a material having shape memory such that the user can bend the structure to have a particular angular shape for viewing of sites within a body at different angles (col. 9, ll. 24-36). It would have been obvious to one having ordinary skill in the art to make the tubular endoscope device of Cheung flexible and form the sheath from a material having shape memory such that the user can bend the structure to have a particular angular shape for viewing sites within a body at different angles, as taught by Bala.
Although Cheung discloses that the light source comprises a light emitting diode (LED) (par. [0041] and [0043] – illumination source), it does not specifically disclose that LED is white. Fowler teaches an analogous device wherein the light source includes a white light emitting diode that is useful due to its small package size, lifespan and color temperature (par. [0097]). It would have been obvious to one having ordinary skill in the art to have utilized a white LED in the device of Cheung thereby taking advantage of their small package size, lifespan and color temperature, as taught by Fowler.
However, modified Cheung does not specifically disclose that is display device is a tablet display device having a touchscreen display, a system controller, a video signal processor, allowing the operating room personnel to view images captured by the endoscope and control endoscopic operations in real time, as taught by Kim.
Cheung does not specifically disclose wherein a touch actuated camera control unit device controls operation of a camera, and control of the camera control unit within the tablet display device using the touchscreen display thereby controls operation of the camera including a white balance operation and a video recording of a surgical procedure to treat an arthroscopic region, the camera having an imaging sensor in a single chip package that communicates raw image data to the tablet display device with the cable from image processing, the camera being device (409) controls operation of a camera having an image sensor in single chip package (par. [0111] – CMOS image sensor) for imaging of a surgical procedure (endoscopy)., and control of the camera control unit within the tablet display device using the touchscreen display thereby controls operation of the camera including a white balance operation and a video recording of a surgical procedure (par. [0131]- “the software application may allow a user to provide input at the external computer 409 that is transmitted to the medical imaging device 402 to cause the medical imaging device's imaging components (such as its image sensor) to adjust image setting parameters such as white balance, exposure, hue, and lighting variables”). Medler also teaches the endoscope having a connector device (portion of endoscope that connects to 70; Fig. 3; par. [0052]; see also par. [0121] – composite video output or RCA jack) that transmits raw image signals (par. [0123]) to the tablet display device (36/409; par. [0123]; Figs. 3, 6 and 16) with a cable (80; Figs. 3 and 6). Medler teaches that the image processing functions are then performed upon the raw image at the tablet display device (par. [0123]). Medler further teaches that either the endoscope can transmit the raw image data to the tablet display device for image processing by the tablet display device (par. [0123]) or that the endoscope can process the raw image data and transmit it to the tablet display device (par. [0124]). It would have been obvious to one having ordinary skill in the art to include the touch actuated camera control unit in the tablet display of modified Cheung, in order to allow the operator to control the imaging components of the device, as taught by Medler. Additionally, it would have been obvious to one having ordinary skill in the art to communicate raw image data to the tablet display device for processing in the tablet display device as a substitution of one known method of image data transmission and processing for another, as taught by Medler, having the predictable result of displaying processed image data. As discussed above, Medler teaches use of both methods in the alternative.
Regarding claim 32, Cheung in view of Kucklick in view of Bala in view of Fowler in view of Kim in view of Medler disclose the system of claim 21 wherein the fluid insertion connector defines a port (51; Kucklick: 24/29; par. [0033]; Fig. 2) for injection of a therapeutic fluid (intended use).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Cheung in view of Kucklick in view of Bala in view of Fowler in view of Kim in view of Medler, as applied to claim 21 above, in view of Gill et al. (US 2008/0064925 A1).
Regarding claim 22, Cheung in view of Kucklick in view of Bala in view of Fowler in view of Kim in view of Medler disclose the system of claim 21, but does not disclose wherein the viewing angle of the tubular endoscope device is offset upon protruding from a distal end of the cannula such that the tubular endoscope device is characterized by a field of view that is offset from the insertion axis. Gill teaches an analogous system wherein the tubular endoscope device (204; Fig. 24B; par. [0151]) has a distal optical assembly (560/562/564/566; Fig. 24B; par. [0151]) to image the field of view. Gill teaches substitution of a prism assembly for the optical assembly such that an angle of view of the tubular endoscope device is offset from an insertion axis of the cannula in order to provide angled viewing (Gill: par. [0101] and [0155]). It would have been obvious to one having ordinary skill in the art to have provided the prism assembly of Gill instead of the optical assembly of Cheung in order to provide angled viewing, as taught by Gill.
Claims 47 and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler, as applied to claim 43 above, in further view of Zwaneburg (US 2006/0290710 A1).
Regarding claim 47, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler disclose the system of claim 43, wherein a light source controller (Medler: par. [0131]) is configured to control lighting variables (Medler: par. [0131]). However, modified Cheung does not specifically disclose wherein the light source controller is configured to control dimming of the white LED light source. Zwaneburg teaches a touchscreen display device (130/134; par. [0019]) having a graphical user interface (133/500; Fig. 5) including a light source controller (530/535; par. [0032]) to control dimming of the LED (par. [0032] and [0034]; Fig. 5). It would have been obvious to one having ordinary skill in the art to have allowed the operator to also control the intensity of the light sources with the tablet, as taught by Zwangeburg, in order to allow the operator to also remotely control the intensity of the white LEDs of modified Cheung (par. [0043]) thereby providing a light source controller that can control even more parameters of lighting.
Regarding claim 49, Cheung in view of Gill in view of Kucklick in view of Fowler in view of Kim in view of Medler in view of Zwaneburg disclose the system of claim 47 wherein the light source controller (Medler: par. [0131]) controls [[a]] the white LED light source (Fowler: par. [0097]) mounted in the tablet display device (interpreted as handle, see 35 USC 112(b) rejection above).
Response to Arguments
Applicant’s arguments, see claim amendments, filed 01/02/2025, with respect to the rejection(s) of the claim(s) under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fowler, as discussed above.
Applicant contends that Kim (US 2016/0331213) is not prior art (see Remarks at page 13). Next, Applicant contends that copies of the Korean applications and machine translations thereof that Kim claims priority were previously submitted with an information disclosure for consideration (see Remarks at page 13). Finally, Applicant contends that due to the size of the endoscope of Kim, it cannot be used for arthroscopic procedures, and that although Kim indicates that the intelligent mobile terminal can manipulate the camera controller, the camera controller resides in the endoscope head and not in the intelligent mobile terminals (see Remarks at pages 13-14). The Examiner respectfully disagrees.
Regarding Kim’s qualification as prior art, the Examiner cites and provides a machine translation of KR 2013-0131129A, published as KR 10-2015-0049930, which has a filing date of 10/31/2013, and to which Kim claims foreign priority. As is clear from the publication and machine translation, the subject matter of Kim relied upon in the rejection is fully supported. Accordingly, Kim is prior art.
Regarding Applicant’s contention that copies of the Korean applications and machine translations thereof that Kim claims priority were previously submitted with an information disclosure for consideration, the Examiner asserts that no such copies have been provided in any IDS submitted in this application. Applicant is welcome to provide the abovementioned documents.
Regarding Applicant’s arguments about the size of the endoscope of Kim, the Examiner notes that it is the display device of Cheung is modified by the tablet display device of Kim, and not the endoscope of Cheung. As discussed in the rejection above, the cited controls/features of the tablet display device of Kim are capable of controlling the cited endoscope handle components of Cheung. Further, its is clear that the tablet display device (intelligent mobile terminal) of Kim commands operations within the camera controller located in the endoscope handle. The system, as claimed, does not prohibit a controller being located in the endoscope handle. The presence of a chain of commands does not negate the fact that, but for the operator issuing an instruction at the tablet display device, the light source would not be turned on/off (see par. [0070] of Kim). According, Kim relies on the tablet display device (intelligent mobile terminal) to perform the cited control functions. Should Applicant have a narrower view of the controllers and how they operate, the claims should be amended to reflect such.
Applicant next contends that Medler describes the use of a microprocessor within the endoscope 32, such that its camera control operations are in the endoscope handle (see Remarks at page 14). The Examiner respectfully disagrees. As discussed above, Medler teaches that the image processing functions are performed upon the raw image at the tablet display device (par. [0123]). Medler further teaches that either the endoscope can transmit the raw image data to the tablet display device for image processing by the tablet display device (par. [0123]) or that the endoscope can process the raw image data and transmit it to the tablet display device (par. [0124]). Thus, contrary to that contended by Applicant, Medler teaches camera control operations in either the endoscope handle or the tablet display device.
Applicant argues that Zwaneburg does not include a light source controller because there is an LED controller 112 housed at 110 with the LED lamp 115 (see Remarks at page 14). The Examiner respectfully disagrees. As discussed above, Zwaneburg teaches a touchscreen display device (130/134; par. [0019]) having a graphical user interface (133/500; Fig. 5) including a light source controller (530/535; par. [0032]) to control dimming of the LED (par. [0032] and [0034]; Fig. 5). Zwaneburg teaches that the graphical user interface (133/500; Fig. 5) on the touchscreen display (130/134; par. [0019]) device has an intensity scale (530; par. [0032]) that allows adjusting a dimming level using a slider bar (535; par. [0032]). This dimming level signal is sent to the LED for commanded dimming. Thus, it is clear that the light source controller in the tablet display device of Zwaneburg is a light source controller, as claimed. Should Applicant have a narrower view of the light source controller and how it operates, the claims should be amended to reflect such.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYNAE E BOLER whose telephone number is (571)270-3620. The examiner can normally be reached Mon - Fri 9:00-5:00.
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, Anhtuan Nguyen can be reached on 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.
/RYNAE E BOLER/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
4/11/25
Prosecution Insights