DETAILED ACTION
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.
Claims 1-5, 13, 14, 21, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2019/0216307 (Coon).
Regarding claim 1, Coon discloses a method comprising: coupling an instrument head (104) to a handle (3512) to form a medical diagnostic instrument (see step 3520, Fig. 78); detecting, by the instrument head (via circuit 3510 including controller 3514), a characteristic of the handle (see paragraphs [0311] and [0312] and step 3530, Fig. 78); and based at least in part on detecting the characteristic of the handle, determining, by the instrument head (via circuit 3510), a handle type associated with the handle (see paragraphs [0312] and [0313] and step 3530, Fig. 78); receiving, by the instrument head, an electrical signal (input voltage) from the handle, a magnitude of the electrical signal corresponding to a user input signal (see paragraphs [0313]-[0322]); based at least in part on the handle type, generating a modulated electrical signal (pulse with modulation signal LED_PWM) by modifying, by the instrument head, the magnitude of the electrical signal (see paragraph [0322]); and causing illumination of a light source by supplying, by the instrument head, the modulated electrical signal to the light source, a brightness of the illumination of the light source having a linear relationship with the user input signal handle (see paragraph [0322]).
Regarding claim 2, Coon discloses wherein the characteristic comprises a polarity of the handle (see paragraphs [0010], [0308], [0312], [0325]).
Regarding claim 3, Coon discloses wherein the characteristic comprises a second derivative of the magnitude of the electrical signal with respect to time; or a stability of the electrical signal (voltage changes, see paragraphs [0308] and [0311]-[0313]).
Regarding claim 4, Coon discloses wherein the light source comprises a light-emitting diode (LED) or an incandescent light source (see paragraphs [0311]-[0313]).
Regarding claim 5, Coon discloses wherein the medical diagnostic instrument comprises one of an ophthalmoscope or an otoscope (otoscope 100; see also paragraph [0002], otoscope or ophthalmoscope).
Regarding claim 13, Coon discloses the modulated electrical signal comprises a linear, logarithmic or multi-slop linear relationship with respect to the electrical signal (see paragraphs [0322]-[0325]).
Regarding claim 14, Coon discloses wherein generating the modulated electrical signal by modifying, by the instrument head, the magnitude of the electrical signa comprises performing pulse width modulation on the electrical signal (see paragraphs [0322]-[0325]).
Regarding claim 21, Coon discloses generating, by the handle, the electrical signal based on a position of a user input control (see paragraphs [0170], [0236]-[0238], [0257], and [0322]-[0325]), wherein the brightness of the illumination of the light source is proportional to the position of the user input control (see paragraphs [0170], [0236]-[0238], [0257], [0313]-[0325]).
Regarding claim 22, Coon discloses further comprising: based an adjustment of the position of the user input control, adjusting, by the handle, the electrical signal (see paragraphs [0170], [0236]-[0238], [0257], [0313]-[0325]); in response to the handle adjusting the electrical signal, adjusting, by the instrument head, the modulated electrical signal (see paragraphs [0170], [0236]-[0238], [0257], [0313]-[0325]); and in response to the instrument head adjusting the modulated electrical signal, adjusting the brightness of the illumination of the light source by supplying, by the instrument head, the modulated electrical signal to the light source (see paragraphs [0170], [0236]-[0238], [0257], [0313]-[0325]).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Coon in view of U.S. Patent Application Publication No. 2016/0374546 (Berbee) and U.S. Patent Application Publication No. 2019/0265490 (Duckett).
Regarding claim 6, Coon is silent on the controller comprising a processor. However, Berbee discloses an otoscope that includes a controller (102) that includes a processor (104) to perform actions (see paragraph [0056]). It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the invention for the controller of Coon to include a processor as such a configuration allows the controller to have the necessary equipment to run a program to perform desired actions in Coon.
Coon is silent regarding further comprising: detecting, by a processor disposed in the handle, a characteristic of the instrument head; and based at least in part on detecting the characteristic of the instrument head, determining by the processor disposed in the handle, an instrument head type associated with the instrument head. Coon instead discloses detecting by a controller disposed in the head a characteristic of the handle, and determining a handle type associated with the characteristic of the handle (see claim 1 above). However, Duckett discloses a medical device in which a handle (800) includes a processor (821) which detects the type of instrument (823) attached to the handle based on a characteristic of the instrument (see paragraph [0036]). It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the invention to reverse the process of Coon such that the handle includes a processor for detecting a type of instrument head instead of the head including a processor for detecting a type of handle as such a method allows the instrument handle to be used with multiple types of heads having different light sources (similar to the instrument head in Coon being used with instrument handles having different power profiles, see paragraph [0005] of Coon), and because a mere reversal of parts is an obvious modification. See In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.).
Claims 15-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Coon in view of Berbee.
Regarding claim 15, Coon discloses a medical diagnostic instrument comprising: a handle (3512); and an instrument head (104) comprising: a light source (see paragraph [0170]); one or more controllers (3514) that perform actions comprising: detecting a characteristic of the handle (see paragraphs [0311] and [0312] and step 3530, Fig. 78); based at least in part on detecting the characteristic of the handle, determining a handle type associated with the handle (see paragraphs [0312] and [0313] and step 3530, Fig. 78); receiving an electrical signal (input voltage) from the handle, a magnitude of the electrical signal corresponding to a user input signal (see paragraphs [0313]-[0322]); based at least in part on the handle type, generating a modulated electrical signal (pulse with modulation signal LED_PWM) by modifying the magnitude of the electrical signal (see paragraph [0322]); and causing illumination of the light source by supplying, by the instrument head, the modulated electrical signal to the light source, a brightness of the illumination of the light source having a linear relationship with the user input signal handle (see paragraph [0322]).
Coon is silent on the controller including one or more processors; and one or more non-transitory computer-readable media storing computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform the actions. However, Berbee discloses an otoscope that includes a controller (102) that includes a processor (104) and a non-transitory computer-readable storage medium (106) that stores computer-executable instructions (108) that, when executed by the one or more processors, cause the one or more processors to perform actions according to the instructions (see paragraph [0056]). It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the invention for the controller of Coon to include a processor and non-transitory computer-readable storage medium that stores computer-executable instructions executable by the processor to perform actions, as such a configuration allows the controller to have the necessary equipment to run a program to perform the desired actions in Coon.
Regarding claim 16, Coon discloses wherein the characteristic comprises a polarity of the handle (see paragraphs [0010], [0308], [0312], [0325]).
Regarding claim 17, Coon discloses wherein the medical diagnostic instrument comprises one of an ophthalmoscope or an otoscope (otoscope 100; see also paragraph [0002], otoscope or ophthalmoscope).
Regarding claim 18, Coon discloses a medical diagnostic instrument head (104), the head comprising: an illumination source (light source, see paragraph [0170]); a housing (see paragraph [0171]) configured to couple to a handle; and a controller (3514) configured to be in electrical communication with the handle when the housing is mechanically affixed to the handle (see Figs. 1A and 77 and paragraph [0310]), and the controller is configured to receive an electrical signal from the handle (see paragraphs [0170], [0236]-[0238], [0257], [0310], and [0322]-[0325] and Abstract), a magnitude of the electrical signal corresponding to a user input signal (see paragraphs [0313]-[0322]), the user input signal corresponding to a position of a user input control in the handle (see paragraphs [0170], [0236]-[0238], [0257], and [0322]-[0325]); generating a modulated electrical signal (pulse with modulation signal LED_PWM) by modifying, by the instrument head, the magnitude of the electrical signal (see paragraph [0322]), the modulated electrical signal having a non-linear relationship to the user input signal (see paragraph [0323]); and causing illumination of a light source by supplying, by the instrument head, the modulated electrical signal to the light source, a brightness of the illumination of the light source having a linear relationship with the user input signal handle (see paragraphs [0313]-[0322]).
Coon is silent on the controller comprising a processor. However, Berbee discloses an otoscope that includes a controller (102) that includes a processor (104) to perform actions (see paragraph [0056]). It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the invention for the controller of Coon to include a processor as such a configuration allows the controller to have the necessary equipment to run a program to perform desired actions in Coon.
Regarding claim 20, Coon discloses wherein the electrical signal comprises a pulse-width modulation (PWM) signal (see paragraphs [0322]-[0328]).
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Coon.
Regarding claims 23-25, Coon fails to explicitly disclose wherein the modulated electrical signal has a logarithmic, exponential, or multi-slope linear relationship with respect to the electrical signal from the handle. However, Coon discloses in paragraphs [0323]-[0325] that a non-linear relationship may be observed between an electrical signal and modulated electrical signal that controls the output brightness of a light and the controller can be calibrated based on that relationship. Thus, it would be obvious to have the modulated electrical signal have a logarithmic, exponential, or multi-slope linear relationship with respect to the electrical signal from the handle, as the controller of Coon is prepared for a non-linear relationship between the electrical signal from the handle and the modulated electrical signal in order to provide the desired level of brightness.
Allowable Subject Matter
Claims 7 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed September 17, 2025 have been fully considered but they are not persuasive.
Applicant argues on page 8 of the Remarks that Coon does not disclose a relationship between the “brightness” of the LED lighting caused by output voltage and a user input signal. The examiner disagrees. In paragraphs 313-322, Coon discloses an input voltage that can be raised or lowered by the user to control the brightness of an incandescent light, and the controller and circuit of the instrument head modulates the user input signal to provide a similar brightness raising and lowering for an LED light.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J PLIONIS whose telephone number is (571)270-3027. The examiner can normally be reached on Monday - Friday, 10:00 a.m. - 6:00 p.m. EST.
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/NICHOLAS J PLIONIS/Primary Examiner, Art Unit 3773