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 .
This Office action is responsive to an amendment filed May 6, 2026. Claims 1-2, 4-5, 16-19, 21-25 & 30-34 are pending. New claims 33-34 have been added. Claims 3, 6-15, 20 & 26-29 have been canceled.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16 & 33 is/are rejected as being unpatentable over Kume (JP 2013248353) in view of Ouchi (US 6,921,362).
In regards to claim 16, Kume discloses a visualization medical system, comprising:
an elongate shaft 12 and a head 1,
wherein a transparent cover (3, 4) is attached directly to a distal end of the elongated shaft 12,
the transparent cover (3, 4) having one or more fixed markings 52 thereon;
an imaging component 30 configured to capture an image through the transparent cover (3, 4), the image including one or more identifiers representative of at least one of the one or more fixed markings 52 on the transparent cover (3, 4); and
a video processor 32 configured to analyze image data of the image that is received from the imaging component 30;
wherein the video processor 32 is configured to determine one or more measurements of an anatomical distance in the image based on a known spatial relationship between the one or more fixed markings 52 and the distal end of the elongate shaft 12 an analysis of the image data (see at least abstract, figs. 1-5, 7(a)-(b), 8(a)-(b), 10-11 & 13 and English translation).
Kume discloses a visualization medical system, as described above, that fails to explicitly teach a visualization medical system wherein a transparent cover is attached directly to a distal end of the elongated shaft, wherein a distal facing surface of the elongated shaft includes one or more recesses, and wherein a proximal facing surface of the transparent cover includes one or more protrusions configured to engage the one or more recesses to fixedly attach the transparent cover to the distal end of the elongated shaft; wherein the proximal facing surface of the transparent cover includes a continuous annular seating surface configured to contact the distal facing surface of the elongated shaft when the one or more protrusions are inserted into the one or more recesses.
However, Ouchi teaches that it is known to provide a visualization medical device 10 wherein a transparent cover 22 is attached directly to a distal end of the elongated shaft 11, wherein a distal facing surface of the elonqated shaft 11 includes one or more recesses 18, and wherein a proximal facing surface of the transparent cover 22 includes one or more protrusions 28 configured to engage the one or more recesses 18 to fixedly attach the transparent cover 22 to the distal end of the elongated shaft 11; ; wherein the proximal facing surface of the transparent cover 22 includes a continuous annular seating surface configured to contact the distal facing surface of the elongated shaft 11 when the one or more protrusions 28 are inserted into the one or more recesses 18 (see at least abstract, figs. 1-8 and col. 3, lines 66-67; col. 4, lines 1-26 & 60-67; col. 5, lines 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the visualization medical device of Kume wherein a transparent cover is attached directly to a distal end of the elongated shaft, wherein a distal facing surface of the elongated shaft includes one or more recesses, and wherein a proximal facing surface of the transparent cover includes one or more protrusions configured to engage the one or more recesses to fixedly attach the transparent cover to the distal end of the elongated shaft; ; wherein the proximal facing surface of the transparent cover includes a continuous annular seating surface configured to contact the distal facing surface of the elongated shaft when the one or more protrusions are inserted into the one or more recesses as taught by Ouchi since such a modification would amount to applying a known technique (i.e., as taught by Ouchi) to a known device (i.e., as taught by ) ready for improvement to achieve a predictable result such as providing a locking mechanism that facilitates engagement and disengagement of the cap to the distal end of the elongated shaft (see at least abstract of Ouchi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 33, Kume discloses a visualization medical device, comprising:
an elongated shaft 12;
an imaging component 30 and a lighting component 31 extending through the elongated shaft 12, the imaging component 30 (inherently) having a lens and is configured to capture an image of an area exterior of the elongated shaft 12 in a field of view of the lens;
a head 1,
wherein a transparent cover (3, 4) is attached directly coupled to a distal end of the elongated shaft 12, and the transparent cover (3, 4) extends distally beyond the distal end of the elongated shaft 12, wherein the transparent cover (3, 4) is positioned over the lens and within the field of view of the imaging component 30; and
a reticle comprising one or more markings 52 positioned on or within the transparent cover (3, 4), wherein the one or more markings 52 are configured to appear in the image captured by the imaging component 30 to provide a visual reference for gauging a size or distance of an object or surface in the field of view;
wherein the one or more markings 52 are positioned within both the field of view of the imaging component 30 and a light path from the lighting component 31 (see at least abstract, figs. 1-5, 7(a)-(b), 8(a)-(b), 10-11 & 13 and English translation).
Kume discloses a visualization medical device, as described above, that fails to explicitly teach a visualization medical device wherein a transparent cover is attached directly to a distal end of the elongated shaft, wherein a distal facing surface of the elonqated shaft includes one or more recesses, and wherein a proximal facing surface of the transparent cover includes one or more protrusions configured to engage the one or more recesses to fixedly attach the transparent cover to the distal end of the elongated shaft.
However, Ouchi teaches that it is known to provide a visualization medical device 10 wherein a transparent cover 22 is attached directly to a distal end of the elongated shaft 11, wherein a distal facing surface of the elongated shaft 11 includes one or more recesses 18, and wherein a proximal facing surface of the transparent cover 22 includes one or more protrusions 28 configured to engage the one or more recesses 18 to fixedly attach the transparent cover 22 to the distal end of the elongated shaft 11 (see at least abstract, figs. 1-8 and col. 3, lines 66-67; col. 4, lines 1-26 & 60-67; col. 5, lines 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the visualization medical device of Kume wherein a transparent cover is attached directly to a distal end of the elongated shaft, wherein a distal facing surface of the elongated shaft includes one or more recesses, and wherein a proximal facing surface of the transparent cover includes one or more protrusions configured to engage the one or more recesses to fixedly attach the transparent cover to the distal end of the elongated shaft as taught by Ouchi since such a modification would amount to applying a known technique (i.e., as taught by Ouchi) to a known device (i.e., as taught by ) ready for improvement to achieve a predictable result such as providing a locking mechanism that facilitates engagement and disengagement of the cap to the distal end of the elongated shaft (see at least abstract of Ouchi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Allowable Subject Matter
Claims 1-2, 4-5, 21-25 & 30-32 is/are allowed.
Claims 17-19, 29 & 34 is/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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior arts of Kume (JP 2013248353) and Ouchi (US 6,921,362) discloses each and every element of the independent claims except for the limitations “wherein the one or more markings are configured to block at least a portion of light from the lighting component and cast a markings shadow on the object or surface within the field of view, wherein the one or more markings show the markings shadow is displaced from the one or more markings in the image.”
Therefore, no prior art of references teaches or fairly suggests a visualization medical device comprising an imaging component and a lighting component arranged wherein the one or more markings are configured to block at least a portion of light from the lighting component and cast a markings shadow on the object or surface within the field of view, wherein the one or more markings show the markings shadow is displaced from the one or more markings in the image.
Response to Arguments
Applicant's arguments filed May 6, 2026 have been fully considered but they are not persuasive. Although Applicant’s amendments to claim 16 overcome the rejections over Silverstein, the amendments do not overcome the rejections over Ouchi.
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 RENE T TOWA whose telephone number is (313)446-6655. The examiner can normally be reached Mon-Fri, 9:00 AM-5:00 PM.
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/RENE T TOWA/Primary Examiner, Art Unit 3791
