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 .
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.
Claim 11 is 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. This claims contain an instance of vague indefinite claim language, including the use of the phrase “can”. It is unclear whether the features following “can” in each claim is intended to be positively recited as part of the claimed invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-22 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Kotamarti et al. (U.S. Publication Number 2020/0375447).
Referring to claim1, Kotmarti et al. discloses comprising a laryngoscope including a blade provided with a plurality of force sensors therealong (Fig. 1), the force sensors being adapted to detect forces applied thereon resulting from a user inserting or manipulating the laryngoscope inside a mouth and an airway (paragraph 0009), and to transmit respective force signals (Figs. 8, 9A, 9B and 10), a processing device comprising a processor and storage medium having stored thereon processor-readable instructions (Figs. 8, 9A, 9B and 10) for: processing force data derived from the respective force signals (Figs. 8, 9A, 9B and 10) and, determining a force distribution along the blade based on the force data (paragraph 0009); comparing the force distribution determined with a reference force distribution, the processing device comprising a trained predictive model for recognizing a force distribution pattern applied by the user based on previously learned force distribution patterns derived from previously recorded force data (Figs. 8, 9A, 9B and 10); and outputting for display a visual indication indicative of a deviation of the force distribution being applied along the blade from the reference force distribution, in real-time (Figs. 8, 9A, 9B and 10); and providing personalized feedback to the user regarding force adjustments needed along different portions of the blade to come closer to one of the previously learned force distribution patterns (paragraph 0007).
Referring to claim 2, Kotamarti et al. discloses wherein the force sensors are provided on a flexible sensor strip positioned on an inner surface of the blade devised to be in
contact with airway structures (310).
Referring to claim 3, Kotamarti et al. discloses further comprising a display for displaying a graphical user interface, the graphical user interface comprising the visual indication (Figs. 8, 9A, 9B and 10).
Referring to claim 4, Kotamarti et al. discloses further comprising a printed circuit
board (PCB) including a communication unit, the communication unit including input connections for receiving the respective force signals from the force sensors, and one
or more output connection(s) for sending the force data via a wired or wireless connection to the processing device (Figs. 8, 9A, 9B and 10).
Referring to claim 5, Kotamarti et al. discloses wherein reference force distribution data is stored onto the storage medium of the processing device and the comparing is performed based on predetermined thresholds (Figs. 8, 9A, 9B and 10).
Referring to claim 6, Kotamarti et al. discloses wherein the visual indication comprises a representation of the blade, and wherein the force distribution and/or the deviation
is illustrated on or near the blade using color, icons, letters or numbers (paragraph 0007 – Feedback being given the manner in which is given in this claim does not provide an advantage for one or the other).
Referring to claim 7, Kotamarti et al. discloses further comprising an on-board video camera provided on or near the blade, for capturing images during training sessions,
the graphical user interface further displaying the images captured in real-time, in addition to the visual indication of the force distribution and/or deviation from the reference force distribution (Figs. 8, 9A, 9B and 10).
Referring to claim 8, Kotamarti et al. discloses the graphical user interface comprises the visual indication, said visual indication comprising a visual representation of the
blade, wherein the force distribution and/or deviation from the reference force distribution is illustrated along the blade as the user manipulates the
blade (Figs. 8, 9A, 9B and 10).
Referring to claim 9, Kotamarti et al. discloses wherein: the processing device is configured for storing several force distribution patterns associated with
a user over time(Figs. 8, 9A, 9B and 10); and the processing device is further configured for providing, using the trained predictive model, an indication of an
improvement of a performance of the user over time, in reaching a standard force distribution pattern (Figs. 8, 9A, 9B and 10).
Referring to claim 10, Kotamarti et al. discloses wherein the processing device further comprises an additional trained predictive model trained on previously captured laryngoscopy images labelled as valid or invalid, to determine whether the
blade is properly positioned (Figs. 8, 9A, 9B and 10).
Referring to claim 11, Kotamarti et al. discloses wherein the additional trained
predictive model can further determine a grade or degree of aperture of the larynx based on previously labelled laryngoscopy images (Figs. 8, 9A, 9B and 10).
Referring to claim 12, Kotamarti et al. discloses wherein the processing device is configured for processing in real time a plurality of time buffers, and for computing, for each time buffer, statistical data of the forces measured by each of the sensors
during a predetermined period while an instructor or clinician performs a laryngoscopy using the laryngoscope, the trained predictive model being configured to detect force
distribution patterns along the blade using the statistical data computed for the plurality of time buffers (Figs. 8, 9A, 9B and 10).
Referring to claim 13, Kotamarti et al. discloses wherein the trained predictive model is a support-vector machine (SVM) model (Figs. 8, 9A, 9B and 10).
Referring to claim 14, Kotamarti et al. discloses comprising a step of associating the distribution of forces applied by the user to a given force distribution pattern
determined using a predictive model (paragraph 0040).
Referring to claim 15, Kotamarti et al. discloses comprising determining additional practice time required by the user to reach a standard force distribution
pattern using the predictive model (Figs. 1-7C).
Referring to claim 16, Kotamarti et al. discloses comprising: measuring force signals associated to forces applied to different portions of a blade of a laryngoscope manipulated by a user during the laryngoscopy (paragraph 0040);
converting the force signals into force data indicative of a distribution of forces along the blade (Figs. 8, 9A, 9B and 10); comparing the distribution of forces along the blade with
at least one previously determined force distribution pattern (Figs. 8, 9A, 9B and 10); and providing for output, in real time, an indication of whether too little, adequate or too much force is applied to each of the different portions of the blade, relative to the at
least one previously determined force distribution pattern, while the user manipulates the laryngoscope (Figs. 8, 9A, 9B and 10).
Referring to claim 17, Kotamarti et al. discloses wherein comparing the distribution of forces is performed using a predictive model trained on previously collected force signals, collected during a valid laryngoscopy procedure (Figs. 8, 9A, 9B and 10).
Referring to claim 18, Kotamarti et al. discloses comprising determining additional practice time required by the user to reach a standard force distribution pattern using the predictive model (Figs. 1-7C).
Referring to claim 19, Kotamarti et al. discloses a processor to: process force data derived from force signals indicative of forces applied to different portions of a
blade of a laryngoscope manipulated by a user during the laryngoscopy
determine a distribution of forces along the blade (Figs. 8, 9A, 9B and 10); compare the distribution of forces along the blade with at least one previously determined force
distribution pattern (Figs. 8, 9A, 9B and 10); and provide for output, in real time, an indication of whether too little or too much force is applied to each of the portions of the blade, relative to the at least one previously determined force
distribution pattern, while the user manipulates the laryngoscope (Figs. 8, 9A, 9B and 10).
Referring to claim 20, Kotamarti et al. discloses further comprising instructions
for causing the processor to: use a predictive model trained on previously collected force signals, collected during a valid laryngoscopy procedure (Figs. 8, 9A, 9B and 10).
Referring to claim 21, Kotamarti et al. discloses further comprising instructions for causing the processor to: determine additional practice time required by the user to reach a standard force distribution pattern using the predictive model (Figs. 1-7C).
Referring to claim 22, Kotamarti et al. discloses wherein the visual indication
comprises whether too little, adequate or too much force is applied to each of the different portions of the blade, relative to the at least one previously determined force distribution pattern, while the user manipulates the laryngoscope (Figs. 8, 9A, 9B and 10 & paragraph 0040).
Response to Arguments
Applicant’s arguments, see Remarks, filed 9/25/2025, with respect to 35 USC 101 have been fully considered and are persuasive. The rejection of claims 1-22 have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715