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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive. In response to applicant's argument that L’Helgoual’ch is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, L’Helgoual’ch teaches a camera assembly having an embedded camera for viewing images at the tip portion of the camera assembly, which is pertinent to the problem applicant is trying to solve with his invention (para. 26). Secondly, applicant also alleges that L’Helgoual’ch teaches away from the claimed invention, citing that L’Helgoual’ch uses a more complex optical system comparted to the one that the applicant used. However, applicant is respectfully reminded that evidence of teaching away should be explicitly stated in the reference and that a mere conclusory statement presented by applicant and/or his counsel cannot take the place of evidence in the record. See In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984); In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Lastly, applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Furthermore, the reference L’Helgoual’ch is relied solely for the purpose of teaching a well-known concept of having an embedded camera within the base and/or the handle portion of the camera system apparatus, all other structures present in L’Helgoual’ch which does not involve the embedded camera are superfluous and therefore irrelevant to the proposed combination.
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.
Claim(s) 1-2, 10 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 202942230 and its English Translation) in view of Jee (KR 100937708 and its English Translation), and further in view of L’Helgoual’ch (US Pub. No. 2015/0011825).
Regarding claims 1-2 and 18-20, Zhang teaches a pincer apparatus, comprising:
two arms (5) and a base element (2) at a first end of the two arms;
at a second opposite end of the two arms, the two arms formed a pair of jaws at tips of the arms, the pair of jaws defining a tip region which includes the tips;
at least one camera (1) configured with an optical lens; wherein the camera is configured with an optical lens positioned at the based element and in between the two arms and the camera is disposed in the base element (Fig. 1);
a power supply source configured to supply power to the camera (implicit);
Zhang does not specifically teach a communication port for transmitting an image captured by the camera to an external device comprising an image display; and the external device comprises a mobile device [claim 2].
Jee teaches a pincer apparatus comprises a communication port (P2) for transmitting an image captured by the camera to an external device comprising an image display; and the external device comprises a mobile device (pg. 5, 2nd paragraph); the external device comprising:
a receiver port (implicit) for receiving images captured by the camera and transmitted from the communication port; and
the image display for displaying the captured images thereon (pg. 5, 2nd para.);
manipulating the image (the image output means 40 inverts the image formation photographed by the camera -pg. 5, para. 5) [claim 19];
transmitting the image data to other devices comprising a display (pg. 5, para. 5) [claim 20].
It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a communication port as taught by Jee within Zhang’s pincer apparatus in order to facilitate a transferring and processing of the captured images.
Zhang, as modified by Jee, does not specifically teach the camera and the optical lens are embedded inside the base element, the embedment of the camera and the lens in the base element constitutes embedding the camera within a location more proximal to the first end of the two arms than to the second opposite end of the two arms at the tip region.
L’Helgoual’ch discloses an apparatus comprising a camera and the optical lens (Fig. 1, item 31) are embedded inside the base element, the embedment of the camera and the lens in the base element constitutes embedding the camera within a location more proximal to the first end than to the second opposite end at the tip region.
It would have been obvious to one having an ordinary skill in the art to modified L’Helgoual’ch’s camera lens to be embedded inside the base region in order to obtain a smaller and compact pincer apparatus.
Regarding claim 10, Zhang, as modified by Jee and L’Helgoual’ch, teaches all the claimed limitations except for the pincer apparatus comprises tweezers configured for hair removal. Jee further teaches tweezers configured for hair removal (pg. 5, last paragraph). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify said pair of arms to include tweezers as taught by Jee in order to facilitate a hair removal process.
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Jee and L’Helgoual’ch, and further in view Shin et al. (US Pub. No. 2103/0120538).
Regarding claim 3, Zhang, as modified by Jee and L’Helgoual’ch, teaches all the claimed limitations except for a first and second camera configured for constructing a three-dimensional image from a plurality of images captured by the first and second cameras. Shin teaches an imaging apparatus comprising: a first and second camera configured for constructing a three-dimensional image from a plurality of images captured by the first and second cameras (para. 28). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to substitute a first and second cameras as mentioned in order to facilitate capturing of three-dimensional images.
Claims 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Jee and L’Helgoual’ch, and further in view Mehl (US Patent No. 5,049,148).
Regarding claims 5 and 9, Zhang, as modified by Jee and L’Helgoual’ch, teaches all the claimed limitations except for the base element is formed at least partially of an electrically isolating material, wherein upon mutual contact of the tips, a signal is generated [claim 5] and adapters structured with a selected tool for performing a procedure, the adapters being shaped to be inserted on the tips [claim 9].
Mehl teaches a pincer apparatus comprising: two arms are formed of an electrically conducting material and the base element is formed of an electrically isolating material and the base element is formed of an electrically isolating material; wherein upon mutual contact of the tips formed an electrically conducting material, a signal is generated (col. 2, ll. 17-35); adapters (40) structured with a selected tool for performing a procedure, the adapters being shaped to be inserted on the tips.
It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate two arms as taught by Mehl, in order to inhibit regrowth of the hair from the hair follicle (Mehl’s col. 1, ll. 10-16).
Claims 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Jee, L’Helgoual’ch and Mehl, and further in view of Glaros (US Patent No. 5,169,398).
Regarding claims 7-8, Zhang, as modified by Jee, L’Helgoual’ch and Mehl, teaches all the claimed limitations except for a controller for receiving the signal and being programmed to activate a function in response to the signal; and a sensor for detecting the signal [claim 8]. Glaros teaches a pincer apparatus comprises a controller for receiving the signal and being programmed to activate a function in response to the signal; and a sensor for detecting the signal (col. 8, ll. 57-60). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a controller and a sensor to facilitate the sensing of the contact pads prior to emitting the RF waves.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 202942230 and its English Translation) in view of Yang (CN 204636701 and its English Translation), and further in view of L’Helgoual’ch (US Pub. No. 2015/0011825).
Regarding claim 11, Zhang teaches a pincer apparatus system comprising:
a pincer apparatus, comprising:
two arms (5) and a base element (2) positioned at a first end of the two arms;
at a second opposite end of the two arms, the two arms formed a pair of jaws at the tips of the arms, the pair of jaws defining a tip region which includes the tip (Fig. 3b);
at least one camera (1) is configured with an optical lens;
wherein the camera is configured with an optical lens positioned in the base element and said optical lens is operative to provide a field of view extends from the lens and in between the two arms, to the tip region for imaging the tip region (Fig. 1).
Zhang does not specifically teach a wireless communication port for transmitting an image captured by the camera to an external device comprising an image display; and a controller and a battery are embedded inside the pincer apparatus.
Yang discloses a pincer apparatus comprises a wireless communication port (implicit) for transmitting an image captured by the camera to an external device (4) comprising an image display; and a controller and a battery embedded inside the base, configured to control and/or supply the power to the camera (pg. 2, 1st para).
It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang’s pincer apparatus to include a wireless communication port, a controller and a battery embedded within the base handle as taught in order to obtain a more versatile pincer apparatus.
Zhang, as modified by Yang, does not specifically teach the camera and the optical lens are embedded inside the base element, the embedment of the camera and the optical lens in the base element constitutes embedding the camera and the optical lens within a location more proximal to the first end of the two arms then to the second opposite end of the two arms at the tip region.
L’Helgoual’ch discloses an apparatus comprising a camera and the optical lens (Fig. 1, item 31) are embedded inside the base element, the embedment of the camera and the lens in the base element constitutes embedding the camera within a location more proximal to the first end than to the second opposite end at the tip region.
It would have been obvious to one having an ordinary skill in the art to modified L’Helgoual’ch’s camera and an optical lens to be embedded inside the base region in order to obtain a smaller and compact pincer apparatus.
Claims 12-13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Yang and L’Helgoual’ch, and further in view Mehl (US Patent No. 5,049,148).
Regarding claims 12-13 and 16, Zhang, as modified by Yang and L’Helgoual’ch, teaches all the claimed limitations except for the base element is formed at least partially of an electrically isolating material, wherein upon mutual contact of the tips, a signal is generated [claims 12-13] and adapters structured with a selected tool for performing a procedure, the adapters being shaped to be inserted on the tips [claim 16].
Mehl teaches a pincer apparatus comprising: two arms are formed of an electrically conducting material and the base element is formed of an electrically isolating material and the base element is formed of an electrically isolating material; wherein upon mutual contact of the tips formed an electrically conducting material, a signal is generated (col. 2, ll. 17-35); adapters (40) structured with a selected tool for performing a procedure, the adapters being shaped to be inserted on the tips.
It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate two arms as taught by Mehl, in order to inhibit regrowth of the hair from the hair follicle (Mehl’s col. 1, ll. 10-16).
Claims 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Yang, L’Helgoual’ch and Mehl, and further in view of Glaros (US Patent No. 5,169,398).
Regarding claims 14-15, Zhang, as modified by Yang, L’Helgoual’ch and Mehl, teaches all the claimed limitations except for a controller for receiving the signal and being programmed to activate a function in response to the signal; and a sensor for detecting the signal [claims 8, 15]. Glaros teaches a pincer apparatus comprises a controller for receiving the signal and being programmed to activate a function in response to the signal; and a sensor for detecting the signal (col. 8, ll. 57-60). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a controller and a sensor to facilitate the sensing of the contact pads prior to emitting the RF waves.
Claim(s) 35 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 202942230 and its English Translation) in view of Jee (KR 100937708 and its English Translation), and further in view of L’Helgoual’ch (US Pub. No. 2015/0011825).
Regarding claims 35 and 36, Zhang teaches a pincer apparatus, comprising:
a base element (2) at a first end of the two arms,
a gripping region including the two arms extending from the base element to a tip region (Fig. 1);
the tip region comprising a pair of jaws wherein a jaw extends from each one of the two arms,
a camera (1) at least partially being disposed inside the base element;
a power supply source is configured to supply power to the camera (implicit);
wherein the camera is positioned to have a direct, unobstructed field of view extending from the optical lens, between the two arms, to the tip region (Figs. 1-2) [claim 36].
Zhang does not specifically disclose the tip region is used for hair removal, and a communication port for transmitting an image captured by the camera to an external device comprising an image display.
Jee teaches a pincer apparatus configured for hair removal comprises a communication port (P2) for transmitting an image captured by the camera to an external device comprising an image display; and the external device comprises a mobile device (pg. 5, 2nd paragraph).
It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a communication port as taught by Jee within Zhang’s pincer apparatus in order a transfer of captured video images to an external display to facilitate hair removal process.
Zhang, as modified by Jee, does not specifically teach the camera is partially embedded inside the base element, the embedment of the camera inside the base element constitutes embedding the camera within a location more proximal to the first end of the two arms than to the tip region.
L’Helgoual’ch discloses an apparatus comprising a camera (Fig. 1, item 31) being partially embedded inside the base element, the embedment of the camera and the lens in the base element constitutes embedding the camera within a location more proximal to the first end than to the second opposite end at the tip region.
It would have been obvious to one having an ordinary skill in the art to modified L’Helgoual’ch’s camera lens to be embedded inside the base region in order to obtain a smaller and compact pincer apparatus.
Conclusion
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MINH Q. PHAN
Primary Examiner
Art Unit 2852
/MINH Q PHAN/ Primary Examiner, Art Unit 2852