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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, 7-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maahs et al. (US 20060189845 A1, hereinafter Maahs).
Regarding Claim 1, Maahs discloses
A treatment device (endoluminal tissue manipulation assembly 10, FIG. 1), comprising:
a shaft (end effector assembly 12, FIG. 1) extending along a longitudinal axis (longitudinal direction of end effector assembly in FIG. 33A) and including a plurality of segments (elongate body 360 + endoscope 394, FIG. 33A) arranged along the longitudinal axis (depicted in FIG. 33A), wherein a first segment (elongate body 360, FIG. 33A) of the plurality of segments is adjacent to a second segment (endoscope 394, FIG. 33A) of the plurality of segments;
a treatment portion (atraumatic distal end 368, par. 149 discloses various instruments may be passed through instrument lumens of the elongate body) at a distal-end side of the shaft (depicted in FIG. 33A);
an operation portion (handle assembly 16, FIG. 1) at a proximal-end side of the shaft and configured to operate the treatment portion (FIG. 1, par. 76 disclose handle assembly connected to proximal end of the elongate body and controls the end effector assembly); and
an imaging device (imager 396, FIG. 33B),
wherein, along the longitudinal axis of the shaft, the first segment is at the distal- end side of the second segment (FIG. 33A, 33B depict elongate body 360 extending more distally than the endoscope 394),
the second segment of the shaft has a cylindrical shape (depicted in FIG. 33B) and the imaging device is housed inside the second segment (depicted in FIG. 33B),
wherein the imaging device includes an observation window (par. 150 discloses imager contained in housing of imaging element, i.e. endoscope; par. 179 discloses combination and modification of disclosed embodiments) formed along a portion of an outer surface of the second segment (FIG. 33A discloses imager is formed along outer surface, i.e. so is housing),
wherein the first segment is rotatably attached to the second segment at a first pivot point (pivot 412, depicted in FIG. 33A, 33B), and
wherein the first segment is rotatable about the first pivot point relative to the second segment such that a longitudinal axis of the first segment intersects a longitudinal axis (longitudinal axis of endoscope 396, FIG. 33A, 33B) of the second segment at a first angle that is less than 180 degrees and at least a part of the treatment portion enters a field of view of the imaging device (depicted in FIG. 33A, 33B), and
wherein a direction of a centerline of the field of view defines a view direction and the view direction is orthogonal to the longitudinal axis of the second segment (depicted in FIG. 33A).
Regarding claim 7, Maahs discloses
The treatment device according to claim 1, wherein the shaft has a shape that is configured to be insertable into a trocar (depicted in FIG. 1).
Regarding claim 8, Maahs discloses
The treatment device according to claim 1, wherein the treatment portion includes a grasping forceps or an energy device (FIG. 1, 30 disclose forceps of end effector assembly, par. 149 discloses various instruments may be passed through instrument lumens of the elongate body, par. 179 discloses combination and modification of disclosed embodiments),
wherein the operation portion includes a handle, a knob, or a joystick (FIG. 1 depcits handle assembly), and
wherein the imaging device includes an imaging sensor, a camera, a lens or an optical element (FIG. 167 discloses imager is an optical element).
Claim(s) 1, 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al. (US 20140330078 A1, hereinafter Hwang).
Regarding Claim 1, Hwang discloses
A treatment device (endoscope 10, FIG. 13, 14), comprising:
a shaft (par. 37 discloses cable) extending along a longitudinal axis (optical axis L1, depicted in FIG. 1) and including a plurality of segments (image acquirers 10A+10B+10C, FIG. 13) arranged along the longitudinal axis (depicted in FIG. 14), wherein a first segment (image acquirer 10A, FIG. 13) of the plurality of segments is adjacent to a second segment (image acquirer 10B, FIG. 13) of the plurality of segments;
a treatment portion (light source 12b, FIG. 13) at a distal-end side of the shaft (depicted in FIG. 13);
an operation portion at a proximal-end side of the shaft and configured to operate the treatment portion (par. 64 discloses controls for the endoscope may be transmitted externally or be input by an input unit, i.e. operation unit, that is part of the endoscope); and
an imaging device (third image sensor 13e, FIG. 14),
wherein, along the longitudinal axis of the shaft, the first segment is at the distal- end side of the second segment (FIG. 14 depicts the image acquirer 10A extending more distally than the image acquirer 10B),
the second segment of the shaft has a cylindrical shape (par. 58 discloses cross section of endoscope may be a circular shape, i.e. a cylindrical shape) and the imaging device is housed inside the second segment (depicted in FIG. 14),
wherein the imaging device includes an observation window (third objective lens 13a, FIG. 14) formed along a portion of an outer surface of the second segment (depicted in FIG. 14),
wherein the first segment is rotatably attached to the second segment at a first pivot point (joint 18, FIG. 14, 15, par. 85 discloses joint is pivotally rotatable), and
wherein the first segment is rotatable about the first pivot point relative to the second segment such that a longitudinal axis of the first segment intersects a longitudinal axis (optical axis L3, FIG. 14) of the second segment at a first angle that is less than 180 degrees and at least a part of the treatment portion enters a field of view of the imaging device (FIG. 15, par. 102 disclose rotation of joint allows the angle between the image acquirers to be controlled), and
wherein a direction of a centerline of the field of view defines a view direction and the view direction is orthogonal to the longitudinal axis of the second segment (depicted in FIG. 14, 15).
Regarding claim 7, Hwang discloses
The treatment device according to claim 1, wherein the shaft has a shape that is configured to be insertable into a trocar (par. 58 discloses cross section of endoscope is modifiable, therefore it could be modified to be insertable into any trocar).
Regarding claim 8, Hwang discloses
The treatment device according to claim 1, wherein the treatment portion includes a grasping forceps or an energy device (FIG. 14, par. 74 disclose light source emits light, i.e. making it an energy device),
wherein the operation portion includes a handle, a knob, or a joystick (par. 64 discloses controls for the endoscope may be transmitted externally or be input by an input unit, i.e. operation unit, that is part of the endoscope; an input unit of an endoscope is almost always a handle of some kind), and
wherein the imaging device includes an imaging sensor, a camera, a lens or an optical element (FIG. 14, par. 49 disclose imaging device is an image sensor).
Claim(s) 1, 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al. (US 20140330078 A1, hereinafter Hwang), in an alternative.
Regarding Claim 1, Hwang, in an alternative, discloses
A treatment device (image acquirers 11+12+ 13+14 of endoscope 10, FIG. 13, 14), comprising:
a shaft (par. 37 discloses cable) extending along a longitudinal axis (optical axis L1, depicted in FIG. 1) and including a plurality of segments (depicted in FIG. 13) arranged along the longitudinal axis (depicted in FIG. 13), wherein a first segment (first image acquirer 11) of the plurality of segments is adjacent to a second segment (third image acquirer 13) of the plurality of segments;
a treatment portion (light source 12b, FIG. 13) at a distal-end side of the shaft (depicted in FIG. 13);
an operation portion at a proximal-end side of the shaft and configured to operate the treatment portion (par. 64 discloses controls for the endoscope may be transmitted externally or be input by an input unit, i.e. operation unit, that is part of the endoscope); and
an imaging device (third image sensor 13e, FIG. 14),
wherein, along the longitudinal axis of the shaft, the first segment is at the distal- end side of the second segment (FIG. 14 depicts the image acquirer 11 extending more distally than the image acquirer 13),
the second segment of the shaft has a cylindrical shape (par. 58 discloses cross section of endoscope may be a circular shape, i.e. a cylindrical shape) and the imaging device is housed inside the second segment (depicted in FIG. 14),
wherein the imaging device includes an observation window (third objective lens 13a, FIG. 14) formed along a portion of an outer surface of the second segment (depicted in FIG. 14),
wherein the first segment is rotatably attached to the second segment at a first pivot point (par. 85, 102 disclose coupling shaft, i.e. pivot point, which the third imager 13 rotates about), and
wherein the first segment is rotatable about the first pivot point relative to the second segment such that a longitudinal axis of the first segment intersects a longitudinal axis (optical axis L3, FIG. 14) of the second segment at a first angle that is less than 180 degrees and at least a part of the treatment portion enters a field of view of the imaging device (FIG. 15, par. 102 disclose rotation of joint allows the angle between the image acquirers to be controlled), and
wherein a direction of a centerline of the field of view defines a view direction and the view direction is orthogonal to the longitudinal axis of the second segment (depicted in FIG. 14, 15).
Regarding claim 4, Hwang, in an alternative, discloses
The treatment device according to claim 1, wherein the plurality of segments includes a third segment (second image acquirer 12, FIG. 13),
wherein the third segment is rotatably attached to the second segment at a second pivot point (joint 18, FIG. 13, par. 85 discloses joint is pivotally rotatable), and
wherein the second segment is rotatable about the second pivot point relative to the third segment such that the longitudinal axis of the second segment intersects a longitudinal axis of the third segment at a second angle that is less than 180 degrees (FIG. 15, par. 102 disclose rotation of joint allows the angle between the image acquirers to be controlled).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20140330078 A1, hereinafter Hwang) as applied to claim 1 above, and further in view of Hazelton et al. (US 20190060014 A1, hereinafter Hazelton).
Regarding Claim 9, Hwang discloses
An endoscope system (image processing apparatus, FIG. 5, 10), comprising:
the treatment device (endoscope 10) according to claim 1 (see claim 1 rejection above);
and a processor (image processor 23, FIG. 10) configured to process a first image captured by the imaging device of the treatment device (par. 13, 52 discloses image processor processes images).
However, Hwang does not disclose an endoscope and a processor configured to process a second image captured by an imaging portion of the endoscope.
Hazelton teaches an analogous endoscope system (teleoperated medical system 10), having a treatment device (medical instrument system 14) and an endoscope (an endoscopic imaging system 15). The treatment device (14) includes a treatment portion (jaws 222/224, FIG. 2A) which is imaged by an imaging device (camera 242, FIG. 2A) [0035]. The endoscope (15) captures images of the site of procedure via an imaging device (28, i.e. imaging device) [0029]. Images captured by the treatment device (14) and endoscope (15) are received and processed by a processor [0025].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope system of Hwang with the endoscope of Hazelton in order to provide for a device in the endoscope system that provides images of the external surfaces of anatomic structures within the surgical environment to better guide surgical procedures involving the treatment device of Hwang [0022].
Additionally, the processor of Hwang would be capable of processing images from the endoscope of Hazelton once introduced into the system since the processor already process images captured by multiple different imaging devices [0068].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20140330078 A1, hereinafter Hwang) as applied to an alternative rejection of claim 1 above, and further in view of Hazelton et al. (US 20190060014 A1, hereinafter Hazelton).
Regarding Claim 10, Hwang discloses
An endoscope system (image processing apparatus, FIG. 5, 10), comprising:
a plurality of treatment devices (image acquirers 10A+10B+10C of endoscope 10, FIG. 13, par. 81-82 disclose front image acquirer 10A includes both the first 11 and second 12 image acquirers and the image acquirer 10B includes both the third 13 and fourth 14 image acquirers, i.e. a plurality of the treatment devices 11+13 and 12+14) according to claim 1 (see claim 1 rejection above),
including a first treatment device (image acquirers 11+13, FIG. 13) and a second treatment device (image acquirers 12+14, FIG. 13);
a processor (image processor 23) configured to generate a three-dimensional image based on images captured by imaging devices of the plurality of treatment devices (par. 68 discloses image processor generates a 3D image based on the images acquired via the first to fourth image sensors).
However, Hwang does not disclose an endoscope.
Hazelton teaches an analogous endoscope system (teleoperated medical system 10), having a treatment device (medical instrument system 14) and an endoscope (an endoscopic imaging system 15). The treatment device (14) includes a treatment portion (jaws 222/224, FIG. 2A) which is imaged by an imaging device (camera 242, FIG. 2A) [0035]. The endoscope (15) captures images of the site of procedure via an imaging device (28, i.e. imaging device) [0029]. Images captured by the treatment device (14) and endoscope (15) are received and processed by a processor [0025].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope system of Hwang with the endoscope of Hazelton in order to provide for a device in the endoscope system that provides images of the external surfaces of anatomic structures within the surgical environment to better guide surgical procedures involving the treatment device of Hwang [0022].
Additionally, the processor of Hwang would be capable of processing images from the endoscope of Hazelton once introduced into the system since the processor already process images captured by multiple different imaging devices [0068].
Conclusion
THIS ACTION IS MADE FINAL. 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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795