DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 the 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/9/26 has been entered.
According, claim 21 is amended.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-34, 36-39, 41 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over OuYang et al. (US 20100284580) in view of Courtney (US. 9039626) and further in view of Auge, II (US 7771422 ) .
OuYang et al teaches an internal tissue visualization device fig. 2a, the device comprising: a hand-held control unit 220 comprising: a light source (para. 43-45) configured to illuminate a target tissue site; an image-capture control (para. 18, 21, 24, 36), configured to capture image data of the target tissue site; and a memory chip, wherein the memory chip (para. 36, 51, 57) is configured to store captured still and/or video images of the target tissue site; an elongated member 210, comprising: a longitudinal axis; an optical fiber (para. 43, 44) extending along the length of the elongated member; a proximal end operatively coupled to the hand-held control unit fig. 2a; a distal end 240; and a cutter 250 at the distal end, the cutter configured to modify the target tissue; and an image recognition module (abstract), wherein the image recognition module is configured to receive image data from a visualization sensor and compare the received image data to a reference image to determine whether an alert signal should be generated (abstract), wherein the reference image comprises a color descriptor data and an anatomical descriptor data (abstract), wherein the reference image is compared to the received image data via a protocol comprising calculation of the mean absolute difference in the color descriptor data and anatomical descriptor data of the received image data and reference image (para. 26), wherein the alert signal comprises spatial information data indicating that the device is contacting a non-target tissue (para. 29). wherein the elongated member further comprises an irrigation lumen (para. 46, 52) capable to deliver a liquid to the target tissue, wherein the distal end of the elongated member further comprises an integrated illuminator (para. 43), wherein the integrated illuminator comprises a configuration selected from the group consisting of concentric configuration, wherein the elongated member 210 comprises an annular wall configured to conduct light to the elongated member distal end from the light source, wherein the light source comprises a light emitting diode or diffusion element (para. 43-44), wherein the elongated member further comprises a distal end polarized member (para 48), wherein the elongated member has sufficient rigidity to allow the distal end to be pushed through tissue when sufficient force is applied to the proximal end of the elongate member (para. 35), wherein the target tissue site can be an orthopedic joint (para. 68), the cutter 250 is a low-profile cutter fig. 2a. 42, wherein the cutter is a knife (blade, para. 47).
OuYang fails to teach a distal end configured for off-axis viewing at an angle from the longitudinal axis, wherein the distal end of the elongated member includes a prism for the off-axis viewing, wherein the device further includes a control cable and the elongated member includes a flexible and controllable portion, the control cable configured to control the flexible and controllable portion for the off- axis viewing, wherein the angle can be between 5 and 90 degrees.
OuYang also fails that the memory chip in a handle of the hand-held control unit.
Courtney teaches an internal tissue visualization device fig. 2, comprising a distal end configured for off-axis viewing at an angle from the longitudinal axis, wherein the distal end of the elongated member includes a prism (col. 10, lines 65-67) for the off-axis viewing, wherein the device further includes a control cable (torque cable col. 11, lines 20-23) and the elongated member includes a flexible and controllable portion, the control cable configured to control the flexible and controllable portion for the off- axis viewing, wherein the angle can be between 5 and 90 degrees.
Courtney also teaches a memory chip in a connector 36, figs 1 and 2 ( may be considered as a handle) (col. 11, lines 36-39).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the elongated member of OuYang to be flexible and to include control cable in view of Courtney in order to effectively controlling the distal end of the elongated member to bend/flex in a range of angles to view the targeted tissue.
Also, It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the handle of OuYang to include the memory in view of Courtney in order to effectively provides specifications regarding the identification of specifications of the imaging probe and may also include calibration information regarding the probe.
OuYang et al in view of Courtney fail to teach a non-visualization sensor is selected from the group consisting of: pH, elasticity, conductivity, distance, and size.
Auge, II teaches a probe fig. 9 carries a non-visualization sensor is selected from the group consisting of: pH (col. 19, lines 8-20), conductivity (col. 6, lines 5-7) and (col. 22, lines 36-40).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the elongated member of OuYang in view of Courtney with a non-visualization sensor is selected from the group consisting of: PH and conductivity, further in view of Auge, II for effectively measuring one or more parameters including pH concentration, and conductivity in order to effectively allows adjustment in operation of the probe, such as adjusting power, radiofrequency, electrolytic media flow or composition, and the like.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that none of the prior arts teaches that the memory chip in a handle of the hand-held control unit.
Examiner respectfully disagrees, since Courtney teaches a memory chip in a connector 36, figs 1 and 2 ( may be considered as a handle) (col. 11, lines 36-39).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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, Kevin Truong can be reached at 571-272-4705. 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.
/SAMEH R BOLES/Primary Examiner, Art Unit 3775
Prosecution Insights