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 .
Effective Filing Date of the Claimed Invention
The present application is a continuation-in-part of earlier U.S. application 16/363,209. Any claims in the new application not supported by the specification and claims of the parent application have an effective filing date equal to the actual filing date of the new application (see MPEP §2152.01). Independent claim 1 of the present application claims, in pertinent part, an endoscope that operates in a mode A to pass light primarily in a wavelength range of white light (to cameras CamW and CamFA/B) or in a mode B to pass light primarily in a wavelength range of narrow band or fluorescence light (to camera CamFA/B); and a processing system that forms a white light stereo image of the target when the filter is operating in mode A, but form a selected narrow wavelength band image or a fluorescence light image from camera CamFA/B when the filter is operating in mode B; and displaying a composite image as an overlay of the white light stereo image and the selected narrow wavelength band image and/or fluorescent light image. This subject matter is not supported by the specification and claims of parent application 16/363,209. Accordingly, the effective filing date of the claimed invention is equal to the actual filing date of the present application. The effective filing date of the claimed invention is 05/16/2022.
Election/Restrictions
Applicant’s election without traverse of species [05a] (readable on claims 1-22) and [06b] (readable on claims 1-8) in the reply filed on 03/31/2025, and of invention Group I (claims 1-22) in the reply filed on 11/14/2025 is acknowledged. As unelected species [06c] reads on claims 9-19 and unelected species [06d] reads on claims 20-22, claims 9-22 are withdrawn from consideration. As claims 23-26 read on unelected invention Group II, they are withdrawn from consideration. Claims 1-26 are presently pending in the application, with claims 9-26 withdrawn from consideration. Claims 1-8 are examined below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “1202”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 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 "said camera CamF" in the thirteenth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "said open slot" in the fifth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim recites the limitation "said socket" in the fourth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2019/0216325 A1) in view of Fallert et al. (US 2012/0248333 A1).
Regarding claim 1, Ouyang discloses a multi-camera, multi-spectral endoscope (Figs. 8 and 9) comprising: a cannula (920/1106; Figs. 9 and 14; par. [0081]-[0082] and [0087]) configured for insertion in a patient; a forward-looking camera CamW mounted at a distal portion of the cannula (par. [0079]) and configured to view to be responsive primarily to a wavelength range of white light (par. [0079]); a forward-looking camera CamFA/B (812; Fig. 8; par. [0079]) that is also mounted at the distal portion of the cannula (par. [0079]) but is configured to view the target from a different angle (Fig. 8) and to be responsive primarily to a wavelength range of a selected narrow band or a fluorescence light (par. [0079]); an electrically controlled color filter that also is mounted at the distal portion of the cannula (par. [0078]-[0080] – mounted on 812 which is mounted at the distal portion) and is configured to selectively operate to pass light of a selectable wavelength (par. [0078]); .
However, Ouyang does not specifically disclose that filter (440) is configured to selectively operate in a mode A to pass light primarily in a wavelength range of white light or in a mode B to pass to said camera CamF light primarily in a wavelength of the selected narrow band or fluorescence light; or a processing system the selected narrow band or fluorescence light (par. [0104] – when 48a is in the beam path). Fallert also teaches a processing system in mode A (par. [0048]-[0049], [0093] and [0104]), but form a selected narrow wavelength band image or a fluorescence light image from camera CamFA/B when said filter is operating in mode B (par. [0048]-[0049], [0093] and [0104]); and an image display (150) (84; par. [0093]; Fig. 1); wherein said processing system (82) and image display (86) are configured to form and display a composite image as an overlay of the white light stereo image and the selected narrow wavelength band image or fluorescent light image (par. [0049] and [0104]). Fallert teaches that operating in the two different modes (mode A and mode B) allows the capture of both a 3D white image using both cameras and a fluorescent image using one camera (par. [0104]). Fallert teaches that the composite image created using the 3D white image and the fluorescent image improves the operator’s orientation and allows diagnosis to become even more precise (par. [0043] and [0048]). It would have been obvious to one having ordinary skill in the art to make the electrically controlled color filter (440, LCTF; par. [0078]) operate in two modes (mode A and mode B) in order to create a 3D white light image and a fluorescent image, as taught by Fallert, and utilize the processing system (within 940; par. [0070]; Fig. 9) to selectively switch the color filter (440) between mode A and mode B, and to form and display the 3D white light image as a composite image with the fluorescent image, in order to improve the operator’s orientation and allow diagnosis to become even more precise, as taught by Fallert.
Regarding claim 2, Ouyang in view of Fallert disclose the multi-camera, multi-spectral endoscope of claim 1, further including a fluid hub piece is secured (Fig. 12).
Regarding claim 8, Ouyang in view of Fallert disclose the multi-camera, multi-spectral endoscope of claim 1, in which said camera CamF (812) has a lower spatial resolution than said camera CamW at least when said filter is operating in said mode B (par. [0080] – higher sensitivity yields lower spatial resolution; see par. [0088] of published specification).
Claim(s) 3-4 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang in view of Fallert as applied to claim 1 above, and further in view of Ouyang et al. (US 2020/0077880 A1, hereinafter referred to as “Ouyang-2”).
Regarding claim 3, Ouyang in view of Fallert disclose the multi-camera, multi-spectral endoscope of claim 2, in which cannula (1106) comprise a single-use unit (par. [0087]) and said hand piece (1108) comprises a reusable unit (par. [0087]) and is releasably secured to the single-use unit. However, Ouyang does not specifically disclose that the fluid hub is part of the single-use unit with the cannula or the reusable unit with the hand piece. Ouyang-2 teaches analogous device (Figs. 1A-1B) wherein the fluid hub (130; par. [0075]) is part of the single-use unit (104; par. [0075]) with the cannula (120; par. [0075]). Ouyang-2 teaches that by making the cannula and fluid hub single-use, stringent decontamination and disinfection procedures as well as the risk of cross-contamination and hospital acquired diseases can be significantly lessened or avoided (par. [0075]). It would have been obvious to one having ordinary skill in the art to modify the cannula and fluid hub part to make it a single-use unit, as taught by Ouyang-2, in order to significantly lessen or avoid stringent decontamination and disinfection procedures as well as the risk of cross-contamination and hospital acquired diseases, as taught by Ouyang-2.
Regarding claim 4, Ouyang in view of Fallert in view of Ouyang-2 disclose the multi-camera, multi-spectral endoscope of claim 3, in which the single-use unit (Ouyang-2: 104) extends along a longitudinal axis (Ouyang-2: Figs. 1A-1B), the reusable unit (Ouyang-2: 102) has an upper portion that has an open socket (Ouyang-2: 162; par. [0071]; Fig. 1A)
Regarding claim 6, Ouyang in view of Fallert in view of Ouyang-2 disclose the multi-camera, multi-spectral endoscope of claim 2, but does not specifically disclose in which said cannula is configured to rotate relative to a proximal portion of said fluid hub. Ouyang-2 teaches an analogous device in which the cannula (920; par. [0089]; Fig. 9A) is configured to rotate relative to a proximal portion of the fluid hub (130/930; par. [0089]; Fig. 9A). It would have been obvious to one having ordinary skill in the art to modify the endoscope to make the cannula rotate in order to vary the orientation and fields of view provided to the operator thereby allowing enhanced viewing of the surgical site.
Regarding claim 7, Ouyang in view of Fallert in view of Ouyang-2 disclose the multi-camera, multi-spectral endoscope of claim 1, but does not specifically disclose it further including a manual bend controller and wherein said cannula's distal portion is configured to bend in response to operation of said manual bend control. Ouyang-2 teaches an analogous device including a manual bend controller (220/230; par. [0076]; Fig. 2) and wherein said cannula's distal portion is configured to bend in response to operation of said manual bend control (par. [0076]; Fig. 2). It would have been obvious to one having ordinary skill in the art to include a manual bend controller in the endoscope, as taught by Ouyang-2, in order to bend the distal portion and provide a wider field of view of the surgical area to the operator.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang in view of Fallert as applied to claim 1 above, and further in view of Ouyang et al. (US 2018/0132700 A1, hereinafter referred to as “Ouyang-3”).
Regarding claim 3, Ouyang in view of Fallert disclose the multi-camera, multi-spectral endoscope of claim 2, in which cannula (1106) comprise a single-use unit (par. [0087]) and said hand piece (1108) comprises a reusable unit (par. [0087]) and is releasably secured to the single-use unit. However, Ouyang does not specifically disclose that the fluid hub is part of the single-use unit with the cannula or the reusable unit with the hand piece. Ouyang-3 teaches analogous device (Fig. 1) wherein the fluid hub (130; par. [0039]) is part of the single-use unit (104; par. [0040]) with the cannula (120; par. [0040]). Ouyang-3 teaches that by making the cannula and fluid hub single-use, stringent decontamination and disinfection procedures as well as the risk of cross-contamination and hospital acquired diseases can be significantly lessened or avoided (par. [0040]). It would have been obvious to one having ordinary skill in the art to modify the cannula and fluid hub part to make it a single-use unit, as taught by Ouyang-3, in order to significantly lessen or avoid stringent decontamination and disinfection procedures as well as the risk of cross-contamination and hospital acquired diseases, as taught by Ouyang-3.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang in view of Fallert in view of Ouyang-3 as applied to claim 3 above, and further in view of Weitzner et al. (US 2017/0209024 A1).
Regarding claim 5, Ouyang in view of Fallert in view of Ouyang-3 disclose the multi-camera, multi-spectral endoscope of claim 3, but does not specifically disclose wherein the reusable unit includes a manual bend controller mounted at a proximal end thereof and said single use unit includes a bending mechanism that automatically engages said manual bend controller when the single-use unit is snapped into said socket socket in order to bend the distal portion and provide a wider field of view of the surgical area to the operator.
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.
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 1/21/26