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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1, 4, and 20-21, drawn to a transvaginal ultrasound probe, classified in A61B8/12.
II. Claims 5-13, 15-17, and 22-25, drawn to a light apparatus for attachment to a transvaginal ultrasound probe, classified in A61B90/30.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed invention I requires an integrally formed lighting apparatus and invention II requires a releasable lighting apparatus, which are mutually exclusive features because integrally formed is the opposite for releasably attached. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
Separate fields of search would be required.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Danielle Cohen (Reg 80946) on 12/17/2025 a provisional election was made without traverse to prosecute the invention of II, claims 5-13, 15-17, and 22-25. Affirmation of this election must be made by applicant in replying to this Office action. Claims 1, 4, and 20-21 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Response to Amendment
The amendment filed on 7/7/2025 has been entered. Claims 1, 4-13, 15-17, and 20-25 remain pending the application. Claims 1, 4, and 20-21 are withdrawn.
Response to Arguments
Applicant's arguments filed on 7/7/2025 have been fully considered but they are not persuasive or are moot.
Applicant argues on pages 7-9 that the previous rejection fails to address the newly added limitations to the claims related to the transvaginal ultrasound probe, omnidirectional light, and structure of the cylindrical body. This argument is moot in view of the new grounds of rejection necessitated by amendment which relies on Jun and Mook to disclose these limitations the claims. Accordingly, this argument is moot.
Claim Objections
Claim 5 is objected to because of the following informalities:
In claim 5, “a handle of a transvaginal probe” should be changed to “the handle of the transvaginal probe” since it is clear from the context of the claims and specification that the Applicant intended to refer to the same handle of the same probe.
Appropriate correction is required.
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 5-13, 15-17, and 22-25 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.
Regarding claim 5, the claim recites the limitation “generally cylindrical”. The term “generally cylindrical” is a relative term which renders the claim indefinite. The term “generally cylindrical” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, it is unclear how similar to a cylinder the device must be to be considered “generally cylindrical” and this claim is rejected under 112b.
Regarding claim 5, the recites the limitation “omnidirectional light”. However, a ring of lights, as described in the claims and the specification would provide light aimed inward towards the center of the ring of lights. Clarification is required. For examination purposes, a reference disclosing a plurality of light pointing outwards along a circumference will be interpreted as meeting this limitation in the claims.
Regarding claim 5, the recites the limitation “sufficient to illuminate a dark or dimly lit room”. It is unclear what level of illumination is required to meet this limitation in the claim. Rooms have different sizes and therefore different levels of illumination would be required to depending on the size of the room. Additionally, the level of illumination considered to be “sufficient” is subjective depending on the user. Accordingly, it is unclear how much illumination the lights must provide to be “sufficient” and this claim is rejected under 112b.
Regarding claim 23, the recites the limitation “sufficient lighting for an operator to operate the transvaginal probe in a dark or dimly lit room”. It is unclear what level of illumination is required to meet this limitation in the claim. The level of illumination considered to be “sufficient” is subjective depending on the user. Accordingly, it is unclear how much illumination the lights must provide to be “sufficient” and this claim is rejected under 112b.
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.
Claims 5, 7, 15, and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ibanez et al. (US20180318034, hereafter Ibanez), Jun et al. (KR20140036834A, hereafter Jun and citing to a machine translation of KR20140036834A), and Mook et al. (KR20120008446A, hereafter Mook and citing to a machine translation of KR20120008446A).
Regarding claim 5, Ibanez discloses in Figures 1A-1D a lighting apparatus (illumination device 30) (Ibanez, Para 13; “The device comprises: a base configured to be mounted on a portion of a handheld medical tool, an illumination device mounted on the base such that when the base is attached to the handheld medical tool”) (Ibanez, Para 75; “The kit or device 30 for assisting in open surgery in this example comprises a cylindrical base 32, which has a central opening 2 a configured to be mounted around a portion of the handheld medical tool, for instance, around the receptacle 25.”) for attachment to medical probes (handheld medical tool) The device comprises: a base configured to be mounted on a portion of a handheld medical tool, an illumination device mounted on the base such that when the base is attached to the handheld medical tool) (Ibanez, Para 70; “Most of the examples of the present disclosure are shown in combination with an electrical scalpel. It should be clear however that the same and similar devices may be used in combination with other handheld medical tools”) (Ibanez, Para 72; “FIGS. 1A and 1B show an example of a kit or a device 30 for illuminating and assisting in a medical procedure, e.g. an open surgery, in combination with a handheld surgical tool. In this example, the handheld surgical tool is an electrical scalpel, which comprises an elongate shaft 20, having a receptacle 25 with a distal open end”), comprising:
a generally cylindrical body member (base 32) defining an inner channel (central opening 2) corresponding in size to a handle of a medical probe and configured to encircle and affix to a handle of the medical probe the inner channel forming a continuous or semi-continuous cavity extending circumferentially within the cylindrical body (Ibanez, Para 75; “The kit or device 30 for assisting in open surgery in this example comprises a cylindrical base 32, which has a central opening 2 a configured to be mounted around a portion of the handheld medical tool”) (Ibanez, Figures 1A-1D showing this); and
one or more lighting modules, each comprising a light (LEDs 3) coupled to a light driver, at least a portion of each lighting module disposed within the cylindrical body member (Ibanez, Figures 1A-1D showing this) (Ibanez, Para 77; “In this example, eight LEDs 3 are provided.”).
Ibanez does not clearly and explicitly disclose wherein the medical probe is a transvaginal ultrasound probe and wherein the lights are configured to emit generalized, omnidirectional light sufficient to illuminate a dark or dimly lit room.
In an analogous medical probe with lightning field of endeavor Jun discloses wherein a medical probe with lighting is a transvaginal ultrasound probe (Jun, Pg 2; “Hard ultrasonic probe apparatus {transvaginal ultrasonic prove apparatus}”) (Jun, Pg 3; “A light provided in an upper frame of the probe;”) (Jun, Figure 3, showing this) (Jun, Pg 4; “Medical institutions can check the symptoms of the affected area by irradiating the affected areas such as the mouth, ear, nose, eye, and intestine or vagina that are difficult for the operator to check.The bulb used here is a halogen bulb or a high-brightness LED. have. In particular, high-brightness LEDs have pure white light, which makes it possible to clearly identify symptoms of reddish lesions. In addition to the power switch for turning on and off the light, a ring-shaped switch is attached to not only turns on or off the high-brightness LED, but also gradually adjusts the brightness or dimming, which can greatly help in accurate diagnosis.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the medical probe is a transvaginal ultrasound probe in order to increase efficiency by reducing wasted time and manpower by allowing a user to check for symptoms of the area as taught by Jun (Jun Pg 2 and 4).
In an analogous lighting field of endeavor Mook discloses wherein lights are configured to emit generalized, omnidirectional light sufficient to illuminate a dark or dimly lit room (Mook, Figure 5) (Mook, Pg 3; "First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.") (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the lights are configured to emit generalized, omnidirectional light sufficient to illuminate a dark or dimly lit room in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Regarding claim 7, Ibanez discloses all of the limitations of claim 1 as discussed above.
Ibanez further discloses an exterior cylindrical wall disposed radially outward from the inner channel and forming at least a portion of an outer visible surface of the cylindrical body member (Ibanez, Para 75; “The kit or device 30 for assisting in open surgery in this example comprises a cylindrical base 32, which has a central opening 2 a configured to be mounted around a portion of the handheld medical tool”) (Ibanez, Figures 1A-1D showing this).
Ibanez does not clearly and explicitly disclose wherein the lights of the one or more light modules are arranged in a predetermined pattern along at least a portion of the exterior cylindrical sidewall.
However, Mook further discloses wherein the lights of the one or more light modules are arranged in a predetermined pattern along at least a portion of an exterior cylindrical sidewall (Mook, Figure 5) (Mook, Pg 3; "First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.") (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the lights of the one or more light modules are arranged in a predetermined pattern along at least a portion of the exterior cylindrical sidewall in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Regarding claim 15, Ibanez discloses in Figures 1A-1D a lighting apparatus (illumination device 30) (Ibanez, Para 13; “The device comprises: a base configured to be mounted on a portion of a handheld medical tool, an illumination device mounted on the base such that when the base is attached to the handheld medical tool”) (Ibanez, Para 75; “The kit or device 30 for assisting in open surgery in this example comprises a cylindrical base 32, which has a central opening 2 a configured to be mounted around a portion of the handheld medical tool, for instance, around the receptacle 25.”) for releasable attachment to a medical probe (handheld medical tool) The device comprises: a base configured to be mounted on a portion of a handheld medical tool, an illumination device mounted on the base such that when the base is attached to the handheld medical tool) (Ibanez, Para 70; “Most of the examples of the present disclosure are shown in combination with an electrical scalpel. It should be clear however that the same and similar devices may be used in combination with other handheld medical tools”) (Ibanez, Para 72; “FIGS. 1A and 1B show an example of a kit or a device 30 for illuminating and assisting in a medical procedure, e.g. an open surgery, in combination with a handheld surgical tool. In this example, the handheld surgical tool is an electrical scalpel, which comprises an elongate shaft 20, having a receptacle 25 with a distal open end”), comprising:
a generally cylindrical body member (base 32) defining an inner channel (central opening 2) that passes through the body member and is shaped to abut and selectively engage an exterior surface of a transvaginal ultrasound probe handle; an exterior cylindrical wall disposed radially outward from the inner channel and forming at least a portion of an outer visible surface of the cylindrical body member (Ibanez, Para 75; “The kit or device 30 for assisting in open surgery in this example comprises a cylindrical base 32, which has a central opening 2 a configured to be mounted around a portion of the handheld medical tool”) (Ibanez, Figures 1A-1D showing this); and
one or more lighting modules, each comprising a light (LEDs 3) coupled to a light driver, at least a portion of each lighting module disposed within the cylindrical body member (Ibanez, Figures 1A-1D showing this) (Ibanez, Para 77; “In this example, eight LEDs 3 are provided.”).
Ibanez does not clearly and explicitly disclose wherein the medical probe is a transvaginal ultrasound probe and wherein the lights are the lights being arranged in a predetermined pattern along at least a portion of the cylindrical exterior wall of the lighting apparatus and are configured to emit generalized, omnidirectional light sufficient to illuminate a dark or dimly lit room.
In an analogous medical probe with lightning field of endeavor Jun discloses wherein a medical probe with lighting is a transvaginal ultrasound probe (Jun, Pg 2; “Hard ultrasonic probe apparatus {transvaginal ultrasonic prove apparatus}”) (Jun, Pg 3; “A light provided in an upper frame of the probe;”) (Jun, Figure 3, showing this) (Jun, Pg 4; “Medical institutions can check the symptoms of the affected area by irradiating the affected areas such as the mouth, ear, nose, eye, and intestine or vagina that are difficult for the operator to check.The bulb used here is a halogen bulb or a high-brightness LED. have. In particular, high-brightness LEDs have pure white light, which makes it possible to clearly identify symptoms of reddish lesions. In addition to the power switch for turning on and off the light, a ring-shaped switch is attached to not only turns on or off the high-brightness LED, but also gradually adjusts the brightness or dimming, which can greatly help in accurate diagnosis.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the medical probe is a transvaginal ultrasound probe in order to increase efficiency by reducing wasted time and manpower by allowing a user to check for symptoms of the area as taught by Jun (Jun Pg 2 and 4).
In an analogous lighting field of endeavor Mook discloses wherein lights are the lights being arranged in a predetermined pattern along at least a portion of an cylindrical exterior wall of the lighting apparatus and are configured to emit generalized, omnidirectional light sufficient to illuminate a dark or dimly lit room (Mook, Figure 5) (Mook, Pg 3; "First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.") (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the lights are the lights being arranged in a predetermined pattern along at least a portion of the cylindrical exterior wall of the lighting apparatus and are configured to emit generalized, omnidirectional light sufficient to illuminate a dark or dimly lit room in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Regarding 22, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 7 as discussed above.
Ibanez does not clearly and explicitly disclose wherein a top face of the cylindrical body positioned generally orthogonal to the inner channel includes the lights of the one or more light modules arranged in a predetermined pattern along at least a portion of the top face.
However, Mook further discloses wherein a top face of the cylindrical body positioned generally orthogonal to the inner channel includes the lights of the one or more light modules arranged in a predetermined pattern along at least a portion of the top face (Mook, Figure 5) (Mook, Pg 3; "First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.") (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein a top face of the cylindrical body positioned generally orthogonal to the inner channel includes the lights of the one or more light modules arranged in a predetermined pattern along at least a portion of the top face in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Regarding claim 23, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 22 as discussed above.
Ibanez does not clearly and explicitly disclose wherein the lights of the one or more light modules are configured to provide sufficient lighting for an operator to operate the transvaginal probe in a dark or dimly lit room.
However, Mook further discloses wherein the lights of the one or more light modules are configured to provide sufficient lighting for an operator to operate the transvaginal probe in a dark or dimly lit room (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the lights of the one or more light modules are configured to provide sufficient lighting for an operator to operate the transvaginal probe in a dark or dimly lit room in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Regarding 24, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 15 as discussed above.
Ibanez does not clearly and explicitly disclose wherein the lighting apparatus is configured to distribute lighting over a surrounding area without requiring directional aiming by the user.
However, Mook further discloses wherein the lighting apparatus is configured to distribute lighting over a surrounding area without requiring directional aiming by the user (Mook, Figure 5) (Mook, Pg 3; "First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.") (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the lighting apparatus is configured to distribute lighting over a surrounding area without requiring directional aiming by the user in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Regarding 25, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 15 as discussed above.
Ibanez does not clearly and explicitly disclose wherein a top face of the cylindrical body positioned generally orthogonal to the inner channel includes the lights of the one or more light modules arranged in a predetermined pattern along at least a portion of the top face.
However, Mook further discloses wherein a top face of the cylindrical body positioned generally orthogonal to the inner channel includes the lights of the one or more light modules arranged in a predetermined pattern along at least a portion of the top face (Mook, Figure 5) (Mook, Pg 3; "First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.") (Mook, Pg 3; “First, the present invention is because the fixing frame is made of a cylindrical shape is mounted on the outer circumferential surface of the LED substrate can be mounted as many LED substrates in the minimum space and the effect of irradiating light evenly in all directions throughout the entire circumference There is.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein a top face of the cylindrical body positioned generally orthogonal to the inner channel includes the lights of the one or more light modules arranged in a predetermined pattern along at least a portion of the top face in order to provide uniform light using minimal space as taught by Mook (Mook, Pg 3).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ibanez, Jun and Mook, as applied to claim 5 above, and in further view of Mezrich et al (US20180325617, hereafter Mezrich).
Regarding claim 6, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 5 as discussed above.
Ibanez further discloses wherein a control unit is coupled to the body member, the control unit comprising a power source, at least one of said light drivers adapted to control at least one of said lights (Ibanez, Para 36; “A plurality of controls and/or switches may be provided on the power source. As for switching the respective lamps on and off or activating the same, it can be advantageous if the lamps can be switched on individually or in groups. This results in a special option of controlling the light intensity on the one hand and the wavelength emitted on the other, as well as controlling the use of a further element, e.g. a laser pointer, that may further be provided at the base independently of the light sources or not. The device/kit can thus be adapted optimally to suit the respective application”) (Ibanez, Para 29; “the illumination device may be a LED. LEDs offer a cost-effective solution while keeping a high illumination standard. They require little maintenance and are cold, which avoids overheating or undesired temperature variations (for example, if a thermometer should be close to the light source). They may be provided with variable intensity control, so that they can adapt to changing demands. Alternatively, the illumination device may be a fiber-optic light. In further examples, the base may comprise two or more illumination devices”).
Ibanez does not clearly and explicitly disclose a communication transceiver coupled to at least one of said light drivers.
However, in an analogous surgical light field of endeavor Mezrich discloses a communication transceiver coupled to at least one light driver (Mezrich, Para 30; “The switch may be contained on the lighting device or may be remote (e.g., a foot switch) that sends a signal (e.g., via wireless communication) to the light to switch configurations. In some embodiments, the light is configured to pulse. For example, in some embodiments, light of one wavelength is provided in a first pulse and light of a second wavelength is provided in a second pulse”) (Mezrich, Para 40; “remote components of the system communicate wirelessly, for example, using WiFi, Bluetooth, near-field communication technology, or other protocols”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez to include a communication transceiver coupled to at least one of said light drivers in order to allow for a more comfortable way of operating the light by allowing control of the light through means not on the device as taught by Mezrich (Mezrich, Para 6-7).
Regarding claim 16, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 15 as discussed above.
Ibanez further discloses a control unit in communication with the lighting modules, the control unit comprising a power source, at least one of said light drivers adapted to control at least one of said lights (Ibanez, Para 36; “A plurality of controls and/or switches may be provided on the power source. As for switching the respective lamps on and off or activating the same, it can be advantageous if the lamps can be switched on individually or in groups. This results in a special option of controlling the light intensity on the one hand and the wavelength emitted on the other, as well as controlling the use of a further element, e.g. a laser pointer, that may further be provided at the base independently of the light sources or not. The device/kit can thus be adapted optimally to suit the respective application”) (Ibanez, Para 29; “the illumination device may be a LED. LEDs offer a cost-effective solution while keeping a high illumination standard. They require little maintenance and are cold, which avoids overheating or undesired temperature variations (for example, if a thermometer should be close to the light source). They may be provided with variable intensity control, so that they can adapt to changing demands. Alternatively, the illumination device may be a fiber-optic light. In further examples, the base may comprise two or more illumination devices”).
Ibanez does not clearly and explicitly disclose a communication transceiver coupled to at least one of said light drivers.
However, in an analogous surgical light field of endeavor Mezrich discloses a communication transceiver coupled to at least one light driver (Mezrich, Para 30; “The switch may be contained on the lighting device or may be remote (e.g., a foot switch) that sends a signal (e.g., via wireless communication) to the light to switch configurations. In some embodiments, the light is configured to pulse. For example, in some embodiments, light of one wavelength is provided in a first pulse and light of a second wavelength is provided in a second pulse”) (Mezrich, Para 40; “remote components of the system communicate wirelessly, for example, using WiFi, Bluetooth, near-field communication technology, or other protocols”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez to include a communication transceiver coupled to at least one of said light drivers in order to allow for a more comfortable way of operating the light by allowing control of the light through means not on the device as taught by Mezrich (Mezrich, Para 6-7).
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ibanez, Jun, and Mook as applied to claim 5 above, and in further view of Pathy et al (US20200121412, hereafter Pathy).
Regarding claim 8, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 5 as discussed above.
Ibanez further discloses wherein the body member comprises a rotating element (Ibanez, Para 32; “The base may comprise a hinge between a first half and a second half of the base”).
Ibanez does not clearly and explicitly disclose wherein the body member comprises a locking mechanism.
In an analogous lighting device attached to a medical instrument field of endeavor Pathy discloses in Figures 1-2 and 8-11wherein a body member (lighting device 20) comprises a locking mechanism (flexible latch 18) (Pathy, Para 94; “As best seen in FIGS. 6-11, a flexible latch 18 is operatively associated with the first outer body portion 8′ for engaging a rigid tab or tooth 22 on the second outer body portion 8″ when the first and second outer body portions 8′ and 8″ are moved into the closed position of FIG. 2. This will lock the two body portions together in a closed position”) (Pathy, Para 16; “A flexible latch is operatively associated with the first outer body portion for engaging a tab on the second outer body portion when the first and second body portion are moved into a closed position. Alternatively, magnetic or adhesive strips are operatively associated with the first and second outer body portions for maintaining the device in the closed position. A switch is operatively associated with the recess portion in each outer body portion for activating the lighting sources associated therewith when the first and second body portion are moved into a closed position. It is envisioned that the lighting device would be automatically activated when an instrument is inserted into the device and the latch is closed around it, and it would be deactivating by removing the latch and/or the instrument”).
The use of the techniques of using a latch to securely close a body member to a medical tool taught by Pathy in the invention of a lighting system attached to a medical tool of Ibanez would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of securely attaching the lighting device to the tool; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the body member comprises a locking mechanism as taught by Ibanez in order to more securely attach the lighting apparatus to the medical probe in an easy to use and reliable manner.
Regarding claim 9, Ibanez as modified by Jun, Mook, and Pathy above discloses all of the limitations of claim 8 as discussed above.
Ibanez does not clearly and explicitly disclose wherein the rotating element opposes the locking mechanism.
However, Pathy further discloses in Figures 1-2 and 8-11 wherein a rotating element (hinge structures 26’ and 26”) (Pathy, Para 89; “the first and second outer body portions 8′ and 8″ have respective axially spaced apart hinge structures 26′ and 26″ for accommodating a pair of hinge pins 24”) opposes (Pathy, Figures 1-2 and 8-11 showing this) a locking mechanism (latch 18) Pathy, Para 94; “As best seen in FIGS. 6-11, a flexible latch 18 is operatively associated with the first outer body portion 8′ for engaging a rigid tab or tooth 22 on the second outer body portion 8″ when the first and second outer body portions 8′ and 8″ are moved into the closed position of FIG. 2. This will lock the two body portions together in a closed position”) (Pathy, Para 16; “A flexible latch is operatively associated with the first outer body portion for engaging a tab on the second outer body portion when the first and second body portion are moved into a closed position. Alternatively, magnetic or adhesive strips are operatively associated with the first and second outer body portions for maintaining the device in the closed position. A switch is operatively associated with the recess portion in each outer body portion for activating the lighting sources associated therewith when the first and second body portion are moved into a closed position. It is envisioned that the lighting device would be automatically activated when an instrument is inserted into the device and the latch is closed around it, and it would be deactivating by removing the latch and/or the instrument”).
The use of the techniques of using a latch and hinge to securely close a body member to a medical tool taught by Pathy in the invention of a lighting system attached to a medical tool of Ibanez would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of securely attaching the lighting device to the tool; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez as modified by Pathy above wherein the rotating element opposes the locking mechanism in order to more securely attach the lighting apparatus to the medical probe in an easy to use and reliable manner.
Regarding claim 10, Ibanez as modified by Jun, Mook, and Pathy above discloses all of the limitations of claim 9 as discussed above.
Ibanez does not clearly and explicitly disclose wherein the locking mechanism is selected from the group consisting of: a clasp, a hasp lock, and a latch lock.
However, Pathy further discloses in Figures 1-2 and 8-11 wherein the locking mechanism is selected from the group consisting of: a clasp, a hasp lock, and a latch lock (latch 18) Pathy, Para 94; “As best seen in FIGS. 6-11, a flexible latch 18 is operatively associated with the first outer body portion 8′ for engaging a rigid tab or tooth 22 on the second outer body portion 8″ when the first and second outer body portions 8′ and 8″ are moved into the closed position of FIG. 2. This will lock the two body portions together in a closed position”) (Pathy, Para 16; “A flexible latch is operatively associated with the first outer body portion for engaging a tab on the second outer body portion when the first and second body portion are moved into a closed position. Alternatively, magnetic or adhesive strips are operatively associated with the first and second outer body portions for maintaining the device in the closed position. A switch is operatively associated with the recess portion in each outer body portion for activating the lighting sources associated therewith when the first and second body portion are moved into a closed position. It is envisioned that the lighting device would be automatically activated when an instrument is inserted into the device and the latch is closed around it, and it would be deactivating by removing the latch and/or the instrument”).
The use of the techniques of using a latch to securely close a body member to a medical tool taught by Pathy in the invention of a lighting system attached to a medical tool of Ibanez would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of securely attaching the lighting device to the tool; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez as modified by Pathy above wherein the locking mechanism is selected from the group consisting of: a clasp, a hasp lock, and a latch lock in order to more securely attach the lighting apparatus to the medical probe in an easy to use and reliable manner.
Regarding claim 11, Ibanez as modified by Jun, Mook, and Pathy above discloses all of the limitations of claim 8 as discussed above.
Ibanez further discloses wherein the rotating element is a hinge (Ibanez, Para 32; “The base may comprise a hinge between a first half and a second half of the base”).
Regarding claim 12, Ibanez as modified by Jun, Mook, and Pathy above discloses all of the limitations of claim 11 as discussed above.
Ibanez does not clearly and explicitly disclose wherein a portion of the hinge rotates to open the body member by moving a first body member section away from a second body member section to provide access to an interior portion of the body member.
However, Pathy further discloses in Figures 1-2 and 8-11 wherein a portion of a hinge rotates to open a body member by moving a first body member section away from a second body member section to provide access to an interior portion of the body member (Pathy, Figure 1 showing the hinge open).
The use of the techniques of using a hinge to securely open and close a body member to a medical tool taught by Pathy in the invention of a lighting system attached to a medical tool of Ibanez would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of securely attaching the lighting device to the tool; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez as modified by Pathy above wherein a portion of the hinge rotates to open the body member by moving a first body member section away from a second body member section to provide access to an interior portion of the body member in order to more securely attach the lighting apparatus to the medical probe in an easy to use and reliable manner.
Regarding claim 13, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 5 as discussed above.
Ibanez does not clearly and explicitly disclose wherein a portion of the body member is movable about a hinge to support movement of the body member from a closed position to an open position.
In an analogous lighting device attached to a medical instrument field of endeavor Pathy discloses in Figures 1-2 and 8-11 wherein a portion of a body member is movable about a hinge to support movement of the body member from a closed position to an open position (Pathy, Figure 1 showing the hinge open and Figure 2 showing the hinge closed).
The use of the techniques of using a hinge to securely open and close a body member to a medical tool taught by Pathy in the invention of a lighting system attached to a medical tool of Ibanez would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of securely attaching the lighting device to the tool; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein a portion of the body member is movable about a hinge to support movement of the body member from a closed position to an open position in order to more securely attach the lighting apparatus to the medical probe in an easy to use and reliable manner.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ibanez, Jun, and Mook, as applied to claim 15 above, and in further view of Basson et al (US20130331657, hereafter Basson).
Regarding claim 17, Ibanez as modified by Jun and Mook above discloses all of the limitations of claim 15 as discussed above.
Ibanez does not clearly and explicitly disclose wherein the frame has a first end and a second end that extend towards each other around the medical probe to define a gap between the first end and the second end of the frame.
In an analogous lighting device attached to a medical instrument field of endeavor Basson discloses in Figures 1 and 8 wherein a frame (attachment clip 65) has a first end and a second end that extend towards each other around a medical probe to define a gap (opening 67) between the first end and the second end of the frame (Basson, Figures 1 and 8 showing this) (Basson, Para 45; “However, the attachment clip 65 is not closed all around. Instead it has a gap or an opening 67 that promotes structural flexibility. In fact, the preferred embodiment of the present invention has an attachment clip 65 that is slightly undersized relative to the size of the handle 205. Thus, the attachment clip 65 is flexed outward when it is wrapped around the handle 205. The outward flexion allows pressure to be exerted by the attachment clip 65 against the handle 205. The pressure is sufficient to allow the attachment clip 65 to grip the handle 205 without slippage”).
The use of the techniques of using a frame with a gap to attach lighting to a medical tool taught by Basson in the invention of a lighting system attached to a medical tool of Ibanez would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of securely attaching the lighting device to the tool; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ibanez wherein the frame has a first end and a second end that extend towards each other around the medical probe to define a gap between the first end and the second end of the frame in order to allow for pressure to be exerted by the frame to help prevent slippage and therefore attach the frame more securely as taught by Basson (Basson, Para 45).
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.
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/JOHN D LI/Primary Examiner, Art Unit 3798