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 .
Disposition of Claims
Claims 1-13 are pending and rejected.
Response to Arguments
Applicant’s arguments, see Page 1, filed July 29, 2025, with respect to the objections to Claims 5 & 9-13 have been fully considered and are persuasive in light of amendments to the claims.
The objections to Claims 5 & 9-13 have been withdrawn.
Applicant’s arguments, see Page 1, filed July 29, 2025, with respect to the rejections under 35 U.S.C § 112(b) of Claims 5-13 have been fully considered and are persuasive in light of amendments to the claims.
The rejections under 35 U.S.C § 112(b) of Claims 5-13 have been withdrawn.
Applicant’s arguments, see Pages 1-2, filed July 29, 2025, with respect to the rejections under 35 U.S.C. § 102 of Claims 7 & 9-11 have been fully considered and are not persuasive.
In response to Applicant’s arguments that the first positioning component of Pang does not detect the orientation of the endoscope, Examiner finds this argument unpersuasive. Applicant equates the “first positioning component” of Claims 7-13 to an accelerometer 180 “coupled to a rotating assembly 155 [emphasis added]” (see Page 1 of Applicant’s argument) of the handle component 100 (hereinafter “first embodiment” —disclosed in Paras. [0022] – [0033] & Figs. 1-4 of Applicant’s specification). This first embodiment, however, is not the claimed embodiment of Claims 7-13. Instead, given that Claims 7-13 require, inter alia, “the first positioning component… carried in a… non-rotating portion of the handle [emphasis added]” (see Claim 10), the handle component 200 (hereinafter “second embodiment” —disclosed in Paras. [0034] – [0040] & Figs. 5-7 of Applicant’s specification), which has an accelerometer 255 disposed in a non-rotating portion therein (see Para. [0036] of Applicant’s specification), is the claimed embodiment of Claims 7-13. As such, given that the accelerometer 255 of the second embodiment is positioned in the non-rotating portion of the handle 200 and is capable of “provid[ing] rotation orientation data of the components (i.e., the endoscope)” (see Para. [0039] of Applicant’s specification), the first positioning component 124A of Pang, analogously positioned in a non-rotating portion of handle 108, would also be capable of sensing the orientation of the endoscope 110. Therefore, the first positioning component of Pang does detect the orientation of the endoscope.Note: If “the first positioning component” of Claim 7 is amended to be drawn to accelerometer 180, Claims 7-13 would be rejected under 35 U.S.C. § 112(a) for lack of written description.
Applicant’s arguments, see Pages 2-4, filed July 29, 2025, with respect to the rejections under 35 U.S.C. § 103 of Claims 1-6, 8 & 12-13 have been fully considered and are not persuasive.
In response to Applicant’s argument that Pang and Shainwald do not disclose/teach a C-mount coupler as a “C-mount” must be threaded, Examiner respectfully disagrees. Applicant’s specification, see Para. [0023], defines a “C-mount” as a “camera mount” which someone with ordinary skill in the art would understand to be a mount for a camera. In contrast, the always-threaded “C-mount” referenced by Applicant stands for a “cine mount”, created by Bell & Howell in 1932 for cine cameras (see Para. 7 of cited Wikipedia article on C mounts). As such, the claimed “C-mount coupler” is interpreted as any camera mount per Para. [0023] of Applicant’s specification.
In response to Applicant’s arguments that the “camera head 108” of Fig. 1B of Pang is not equivalent to the “camera head 13” of Fig. 7 of Pang, Examiner respectfully disagrees. As detailed on Para. [0150] of Pang, “the camera head 13 can be configured according to any of the embodiments described herein, including [the camera head of the] camera unit 102”. Further, Para. [0085] of Pang identifies the camera head of “camera unit 102” as “camera head 108”. Therefore, the “the camera head 13” of Pang is equivalent to the “camera head 108” of Pang.
In response to Applicant’s arguments that Shainwald fails to teach that the selector 210 is not configured to rotate about an axis of the handle 205, Examiner respectfully disagrees. As detailed below, the selector 210 rotates about an axis of the handle 205 that is perpendicular to a longitudinal axis of handle 205.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 7 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pang et al. (hereinafter "Pang") (US 2021/0127948).
Regarding Claim 7, Pang discloses a connector (Fig. 7, 11; [0150]) adapted for coupling to an endoscope lens ([0086]) on an endoscope (Figs. 1B & 7, 12 wherein 12 is 110; [0085] & [0150]), the connector comprises:
a first positioning component (Fig. 1B, 124A; [0095]) for sensing a rotational orientation of the endoscope ([0092]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 & 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Pang et al. (hereinafter "Pang") (US 2021/0127948) in view of Shainwald (US 2021/0100431).
Regarding Claim 1, Pang discloses an endoscopic system (Fig. 7, 10; [0150]) for use with a video display (Fig. 7, 29; [0151]), the endoscopic system comprising:
a handle (Figs. 1B & 7, a body of 13 wherein 13 is 108; [0085] & [0150]) with a coupler assembly (Figs. 1B & 7, 13 wherein 13 is 108; [0085] & [0150]) comprising a rotatable C-mount coupler (Figs. 1B & 7, 14 wherein 14 is 111B; [0085], [0147] & [0150]) for coupling to a lens ([0086]) of an endoscope (Figs. 1B & 7, 12 wherein 12 is 110; [0085] & [0150]);
an image sensor carried by the coupler assembly (Fig. 1B, 106; [0084]);
a first positioning component carried by the coupler assembly (Fig. 1B, 124A; [0095]); and
a control pad (Fig. 7, 20; [0151]) carried by the handle ([0151]), wherein the control pad is operably connected to a controller for controlling an operation of the endoscopic system (Figs. 1B & 7, 17 wherein 17 is 104; [0084] & [0150]).
Pang fails to explicitly disclose wherein the control pad is configured to rotate about an axis of the handle.
However, Shainwald teaches an endoscopic system (Fig. 2, 200; [0033]) comprising:
a handle (Fig. 2, 205; [0033]) with a rotatable C-mount coupler (Fig. 2, 250; [0036]) for coupling to an endoscope (Fig. 2, 245; [0033]);
and a control pad (Fig. 2, 210; [0033]) carried by the handle ([0033]) and configured to rotate about an axis of the handle (Fig. 2, 210 rotates about an axis of 205 that is perpendicular to a longitudinal axis of 205; [0033]).
The advantage of the rotary control pad is to permit operation of the control pad with only a single finger (Shainwald; [0034]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the control pad as disclosed by Pang, to be the rotary control pad taught by Shainwald, to permit operation of the control pad with only a single finger (Shainwald; [0034]).
Regarding Claim 2, Pang, as previously modified by Shainwald, teaches the endoscopic system of Claim 1. Pang further discloses wherein the handle carries the first positioning component (Fig. 1B, 124A is disposed in the body of 108; [0095]) that is configured to send a first signal to the controller indicating a rotational orientation of the handle ([0094]).
Regarding Claim 3, Pang, as previously modified by Shainwald, teaches the endoscopic system of Claim 2. Pang further discloses where the first positioning component is carried in an interior non-rotating portion of the handle (Fig. 1B, the body of 108 does not internally rotate; [0092] & [0093]).
Regarding Claim 4, Pang, as previously modified by Shainwald, teaches the endoscopic system of Claim 1. Pang further discloses where the first positioning component comprises at least one of a gyroscope and an accelerometer ([0092]).
Regarding Claim 8, Pang discloses the connector of Claim 7. Pang further discloses a handle (Figs. 1B & 7, a body of 13 wherein 13 is 108; [0085] & [0150]) with a coupler assembly (Figs. 1B & 7, 13 wherein 13 is 108; [0085] & [0150]) comprising a rotatable C-mount coupler (Figs. 1B & 7, 14 wherein 14 is 111B; [0085], [0147] & [0150]) for coupling to the endoscope lens ([0086]);
an image sensor carried by the coupler assembly (Fig. 1B, 106; [0084]);
the first positioning component carried by the coupler assembly (Fig. 1B, 124A; [0095]); and
a control pad (Fig. 7, 20; [0151]) carried by the handle ([0151]), wherein the control pad is operably connected to a controller for controlling an operation of the endoscopic (Figs. 1B & 7, 17 wherein 17 is 104; [0084] & [0150]).
Pang fails to explicitly disclose wherein the control pad is rotatably carried by the handle.
However, Shainwald teaches an endoscopic system (Fig. 2, 200; [0033]) comprising:
a handle (Fig. 2, 205; [0033]) with a rotatable C-mount coupler (Fig. 2, 250; [0036]) for coupling to an endoscope (Fig. 2, 245; [0033]);
and a control pad (Fig. 2, 210; [0033]) rotatably carried by the handle ([0033]).
The advantage of the rotary control pad is to permit operation of the control pad with only a single finger (Shainwald; [0034]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the control pad as disclosed by Pang, to be the rotary control pad taught by Shainwald, to permit operation of the control pad with only a single finger (Shainwald; [0034]).
Regarding Claim 9, Pang, as previously modified by Shainwald, teaches the connector of Claim 8. Pang further discloses wherein the handle (Figs. 1B & 7, a body of 13 wherein 13 is 108; [0085] & [0150]) carries the first positioning component (Fig. 1B, 124A is disposed in the body of 108; [0095]) that is configured to send a first signal (scene orientation information; [0092]) to the controller (Figs. 1B & 7, 17 wherein 17 is 104; [0084] & [0150]) indicating a rotational orientation of the handle ([0094]).
Regarding Claim 10, Pang, as previously modified by Shainwald, teaches the connector of Claim 9. Pang further discloses where the first positioning component is carried in an interior non-rotating portion of the handle (Fig. 1B, the body of 108 does not internally rotate; [0092] & [0093]).
Regarding Claim 11, Pang, as previously modified by Shainwald, teaches the connector of Claim 9. Pang further discloses where the first positioning component comprises at least one of a gyroscope and an accelerometer ([0092]).
Claim 5-6 & 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Pang et al. (hereinafter "Pang") (US 2021/0127948) in view of Shainwald (US 2021/0100431) as applied to claims 1 & 9 above, and further in view of Irion (hereinafter "Irion") (US 2010/0022829).
Regarding Claims 5-6, Pang, as previously modified by Shainwald, teaches the endoscopic system of Claim 1. Pang further discloses a light source (Fig. 7, 15; [0150]) and a cable (Figs. 1B & 7, 18 wherein 18 is 116; [0086] & [0150]), where the light source comprises a light source connector (a light port; see Fig. 7).
Pang, as previously modified by Shainwald, fails to explicitly disclose wherein the light source comprises a second position component carried in the light source connector and configured to provide a second positioning component signal to the controller indicating rotational orientation of the light source connector and the endoscope to allow control algorithms of the controller to stabilize a video image in an upright position on the video display; and where the second positioning component comprises at least one of a gyroscope and an accelerometer.
However, Irion teaches an endoscopic system (Figs. 1 & 2, 10; [0082]) for use with a video display (a monitor; [0109]), the endoscopic system comprising:
a light source (Fig. 1, 14; [0083]) and a cable (Fig. 1, 20; [0084]),
where the light source comprises a positioning component (Fig. 1, 34; [0088]) carried in a connector (Fig. 1, 16; [0084]);
wherein the position component is configured to provide a positioning component signal to a controller (a controller; [0104]) indicating rotational orientation of the connector and the endoscope ([0113]) to allow control algorithms of the controller to stabilize a video image in an upright position on the video display ([0109]); and
where the second positioning component comprises at least one of a gyroscope and an accelerometer ([0106]).
The advantage of the light source connector having a positioning component is to improve the lifespan of the light source by selectively operating the light source based on information from the positioning component (Irion; [0038] & [0106]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the light port as disclosed by Pang, as previously modified by Shainwald, to include the light-source positioning component taught by Irion, to improve the lifespan of the light source by selectively operating the light source based on information from the positioning component (Irion; [0038] & [0106]).
Regarding Claims 12-13, Pang, as previously modified by Shainwald, teaches the connector of Claim 9. Pang further discloses a light source (Fig. 7, 15; [0150]) and a cable (Figs. 1B & 7, 18 wherein 18 is 116; [0086] & [0150]), where the light source comprises a second connector (a light port; see Fig. 7)
Pang, as previously modified by Shainwald, fails to explicitly disclose wherein the light source comprises a second position component carried in the second connector and configured to provide a second signal to the controller indicating rotational orientation of the second connector and the endoscope to allow control algorithms of the controller to stabilize a video image in an upright position on a video display; and where the second positioning component comprises at least one of a gyroscope and an accelerometer.
However, Irion teaches an endoscopic system (Figs. 1 & 2, 10; [0082]) for use with a video display (a monitor; [0109]), the endoscopic system comprising:
a light source (Fig. 1, 14; [0083]) and a cable (Fig. 1, 20; [0084]),
where the light source comprises a positioning component (Fig. 1, 34; [0088]) carried in a connector (Fig. 1, 16; [0084]);
wherein the position component is configured to provide a signal to a controller (a controller; [0104]) indicating rotational orientation of the connector and endoscope ([0113]) to allow control algorithms of the controller to stabilize a video image in an upright position on the video display ([0109]); and
where the second positioning component comprises at least one of a gyroscope and an accelerometer ([0106]).
The advantage of the light source connector having a positioning component is to improve the lifespan of the light source by selectively operating the light source based on information from the positioning component (Irion; [0038] & [0106]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the light port as disclosed by Pang, as previously modified by Shainwald, to include the light-source positioning component taught by Irion, to improve the lifespan of the light source by selectively operating the light source based on information from the positioning component (Irion; [0038] & [0106]).
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 STEPHEN FLOYD LONDON whose telephone number is (571)272-4478. The examiner can normally be reached Monday - Friday: 10:00 am ET - 6:00pm ET.
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/STEPHEN FLOYD LONDON/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795