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 .
Status of Claims
Claim 2-14, 16 and 17 are pending, claims 2-6 have been withdrawn from consideration, and claims 7-14, 16 and 17 are currently under consideration for patentability under 37 CFR 1.104.
Claim Rejections - 35 USC § 103
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) 7-8, 11-13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Truckai et al. (U.S. 2018/0160893).
With respect to claim 7, Truckai et al. teaches an endoscopic device, comprising:
a handle (106) coupled to an elongated shaft (110) extending about a longitudinal axis to a distal end (FIG. 1 for example);
a flex circuit within the elongated shaft (para [0039]); and
a spring structure (335) carrying an image sensor (320) at the distal end of the elongated shaft, wherein the spring structure is connected to a ramp element extending proximally towards the longitudinal axis (top surface of 315, FIG. 6) wherein the elongated shaft comprises an outer sleeve (390, FIG. 12A) and an inner sleeve (310) that is coupled to the spring structure (FIG. 6,7) wherein the flex circuit is coupled to the spring structure and positioned between the outer sleeve and the spring structure (FIG. 6, 12A) where the spring structure is movable between an insertion position having a first reduced shaft profile where a field of view is oriented to observe insertion of the elongated shaft through a body passage (FIG. 6) and at least one deployed position having a second expanded shaft profile with the image sensor moved away from the longitudinal axis such that the field of view is oriented to observe a tool introduced through a working channel of the elongated shaft into a working space (FIG. 7) wherein the spring structure is between the outer sleeve and the inner sleeve (FIG. 6,7,12) wherein the outer sleeve is configured to slidably contact the ramp element having a superior deflecting surface on the spring structure (para [0055] for example) and the tool is configured to contact an inferior deflecting surface on the spring structure to move the spring structure between the insertion position and the at least one deployed position (FIG. 6, 7).
At paragraph [0057], Truckai et al. teaches specific features of the invention are shown in some drawings and not in others, and this is for convenience only and any feature may be combined with another in accordance with the invention.
With respect to claim 8, Truckai et al. teaches at least one LED proximate to the image sensor, wherein the at least one LED is movable with the image sensor (para [0052]).
With respect to claim 11, Truckai et al. teaches a fluid source in communication with an inflow channel (162) in the elongated shaft configured to provide fluid inflows through the elongated shaft in both the insertion position and the at least one deployed position (para [0040]).
With respect to claim 12, Truckai et al. teaches an inflow pump operatively connected to the fluid source for providing the fluid inflows (para [0040]).
That is, Truckai et al. teaches a fluid management system can be coupled to inflow and outflow channels. It would be obvious to one of ordinary skill in the art that such a fluid management system would include an inflow pump.
With respect to claim 13, Truckai et al. teaches a working channel (145) in the elongated shaft adapted for receiving a tool.
With respect to claim 16, Truckai teaches the spring structure has a living hinge portion and the deflecting surface is distal to the living hinge portion (335, para [0052]).
With respect to claim 17, Truckai et al. teaches the spring structure has first and second living hinge portions (FIG. 6, 7 para [0052])
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Truckai et al. (U.S. 2018/0160893) in view of Lu et al. (U.S. 2019/0246873).
Truckai et al. teaches an endoscopic device as set forth above. However, Truckai et al. does not teach an accelerometer.
With respect to claim 9, Lu et al. teaches an endoscopic device comprising an accelerometer positioned proximally to the image sensor, wherein the accelerometer is moveable with the image sensor (para [0042]).
With respect to claim 10, Lu et al. teaches the accelerometer is adapted to send position signals to a processor, wherein the processor comprises algorithms for displaying images on a display in a selected orientation in any rotational position of the elongated shaft and the image sensor (para [0040]-[0045]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the endoscopic device of Truckai et al. to include an accelerometer in the manner taught by Lu et al. in order to allow the surgeon to maintain orientation during a procedure (para [0005] of Lu et al.).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Truckai et al. (U.S. 2018/0160893) in view of Truckai et al. (U.S. 2019/0104932, hereinafter Truckai 2019).
Truckai et al. teaches an endoscopic device as set forth above. However, Truckai et al. does not teach an outflow pump configured for coupling to the working channel.
With respect to claim 14, Truckai 2019 teaches an endoscope device comprising an outflow pump configured for coupling to the working channel (para [0039]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Truckai et al. to utlize an outflow pump coupled to the working channel in the manner taught by Truckai 2019 in order to reduce the overall diameter of the device.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
On page 7 Applicant argues distal elastomeric portion 315 is not connected to a separate ramp element that extends proximally toward the longitudinal axis. This is not persuasive. First, it is noted the claim does not require the ramp element to be separate from the spring. Further, wherein reference 335 is interpreted as the spring structure and top surface of 315 is interpreted as the ramp, Truckai meets the claim.
On page 7 Applicant argues Truckai does not comprise a flex circuit coupled to the spring structure, this is not persuasive. To couple is to fasten together or link (merriam-webster.com). Flex circuit passes through the spring structure and is not removable therefrom via the interconnection of the flex circuit, image sensor, and elastomeric distal portion. Therefore Truckai meets the broadest reasonable interpretation of the claim.
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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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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