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 Amendment
This action is in response to the remarks filed on 06/02/2025.
The amendments filed on 06/02/2025 have been entered. Applicant has presently canceled claims 14, 21, 26, 31 and added new claims 32-35. Accordingly claims 1-9, 11-13, 15-16, 18-20, 22-25, 27-30, and 32-35 are pending. Claims 2-9, 13, 15-16, and 19-20 were previously withdrawn from consideration. Claims 1, 11, 12, 18, 22024, 27-28, and 30 are presently amended.
The previous objections to claim 31 has been withdrawn in light of applicant's canceling of claim 31.
The previous rejections of claims 11 and 18 under 35 U.S.C 112(b) have been withdrawn in light of applicant's amendments to claims 11 and 18.
Response to Arguments
Applicant's arguments filed 06/02/2025 have been fully considered but they are not persuasive. In particular applicant argues the following.
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This is not persuasive. Applicant appears to be arguing a narrower interpretation than what is presently claimed. The trocar disclosed as Scheib is a surgical tool having a tissue manipulation member. Scheib discloses in [0163]:
A trocar is generally used with an obturator that is inserted into the trocar lumen. In operation, a trocar assembly is inserted through the skin to gain access to a body cavity so that endoscopic surgery can be performed. The trocar assembly is placed against the outer skin of a patient, and pushed through the layers of skin, fat, muscle, and fascia until the trocar enters the body cavity.
In another interpretation the trocar is the surgical tool and the instrument within the trocar (e.g., see end effector 5318 of surgical instrument 5364 in Fig. 24, below) can be interpreted as the tissue manipulation member.
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Further examiner notes that although the office finds Scheib to disclose the claimed limitations argued by applicant, in order to provide compact prosecution, a newly discovered reference, Mccabe has also been provided to teach this limitation as detailed in the below rejection.
Information Disclosure Statement
Examiner notes that although all references have been considered in the information disclosure statement filed 06/02/2025, there are two duplicate references: Hansen US 2017/0238962 and Sharonov US 2013/0226156.
Claim Objections
Claims 1, 12, 18, and 34 are objected to because of the following informalities:
Regarding claim 1, the limitation “attached housing” in line 12 should be changed to –the attached housing--. Examiner notes that this limitation has been interpreted as being the “housing” recited in line 4 of claim 1. This also applies to the analogous limitation in claim 12.
Further regarding claim 1, the limitation “tissue manipulation member” in lines 19-20 should be changed to –the tissue manipulation member--. Examiner notes that this limitation has been interpreted as being the “tissue manipulation member” recited in line 2 of claim 1.
Regarding claim 11, the limitation “the optical targeted marker” should be changed to –the optical [[targeted]] targeting marker—in order to have proper antecedent basis.
Regarding claim 18, the limitation “the optical targeted marker” should be changed to the –optical [[targeted]] targeting marker—in order to have proper antecedent basis.
Regarding claim 24, the limitation “surgical site” should be changed to –the surgical site--. Examiner notes that this limitation has been interpreted as being the “surgical site” recited in claim 12.
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 22 and 35 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.
Claim 22 recites the limitation "the body". There is insufficient antecedent basis for this limitation in the claim. Further clarification is required.
Claim 35 recites the limitation "the display device". There is insufficient antecedent basis for this limitation in the claim. Further clarification is required.
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.
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, 11, 22, 32, 33, 12, 18, 34, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Scheib et al. (US 2020/0015897, January 16, 2020) in view of Mccabe et al. (US 2020/0330164, October 22, 2020).
Regarding claim 1, Scheib discloses a surgical device (surgical access assembly 5330 in Figs. 23-24, reproduced below, and corresponding description; also see Fig. 22 and corresponding description) for attachment to a surgical tool (trocar 5332 in Figs. 23-24 and corresponding description) having a tissue manipulation member configured to manipulate a desired tissue in a surgical site within a patient (“A trocar is generally used with an obturator that is inserted into the trocar lumen. In operation, a trocar assembly is inserted through the skin to gain access to a body cavity so that endoscopic surgery can be performed. The trocar assembly is placed against the outer skin of a patient, and pushed through the layers of skin, fat, muscle, and fascia until the trocar enters the body cavity.” [0163]; also see end effector 5318 of surgical instrument 5364 in Fig. 24 and corresponding description; also see [0180]), the surgical device comprising:
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a housing configured to be removably attachable to the surgical tool adjacent to or on the tissue manipulation member in an operatively- aligned orientation relative to the tissue manipulation member (“The trocar 5332 includes a housing 5336 [...] The housing 5336 defines a common lumen 5340 with the access tube 5338. The lumen 5340 extends longitudinally along a central axis of the housing 5336 and the access tube 5338. The hollow housing 5336 and the access tube 5338 are configured to define an access port for the surgical instrument 5364 into the body cavity” [0185]-[0186]; also see Fig. 24 and corresponding description, e.g., [0193]);
an illuminating device on the housing for illuminating the surgical site (RGB/IR emitter 5348 in Fig. 23 and corresponding description);
at least one imaging device for obtaining an image of the surgical site illuminated by the illuminating device, the at least one imaging device including an optical receiver attached to the housing for obtaining the image of the surgical site in a first person view from a viewpoint of the tissue manipulation member, the viewpoint changing according to a positioning of the tissue manipulation member as the surgical tool and attached housing are moved within the surgical site to prepare for and carry out a manipulation of the desired tissue (camera 5344 in Fig. 23 and corresponding description; also see Fig. 24 and corresponding description, e.g., [0193]); and
a projecting device having an exit port located on the housing (structured light emitter 5346 in Fig. 23 and corresponding description), the projecting device being powerable to emit an optical targeting marker from the exit port in a targeting direction onto the surgical site when the housing is located on the surgical tool in the operatively- aligned orientation (“a laser pattern projector 630 that projects a laser light pattern 631, such as a grid or pattern of lines and/or dots, at a predetermined wavelength (λ.sub.2) on the operative tissue or organ at the surgical site 627.” [0116]; also see Fig. 11, 23, and 24 and corresponding descriptions), the optical targeting marker providing information about a position of tissue manipulation member of the surgical tool relative to the desired tissue within the surgical site (“reading the laser light pattern 631 projected onto the targeted anatomy at the surgical site 627 by the laser pattern projector 630. A processing module 638 processes the laser light pattern 631 and outputs a first video output signal 640 representative of the distance to the visible tissue at the surgical site 627. The data is provided to the image overlay controller 610. The processing module 638 also outputs a second video signal 642 representative of a three-dimensional rendered shape of the tissue or organ of the targeted anatomy at the surgical site.” [0117]), the at least one imaging device being capable of imaging the optical targeting marker (“The imaging device can include a camera or imaging sensor that is configured to detect visible light, spectral light waves (visible or invisible), and a structured light pattern (visible or invisible), for example.” [0077]; also see “An image sensor of the camera 5344 may captured the illuminated surgical site “SS”.” [0189]).
As can be clearly and factually seen above, Scheib discloses all the claimed limitations. Yet, in an case or in any alternative interpretation, if one argues that Scheib does not disclose the housing being configured to be removably attached to the surgical tool adjacent to or on the tissue manipulation member, which the office does not concede, the Mccabe reference is relied on to also teach this limitation in an effort to provide compact prosecution.
Mccabe teaches, in the same field of endeavor, the housing being configured to be removably attached to the surgical tool adjacent to or on the tissue manipulation member (see housing of camera 310, e.g., analogous to claimed surgical device, being removably attached to power tool 200, e.g., surgical tool, with cutting tool 100, e.g., tissue manipulation member in Fig. 4, reproduced below, and corresponding description; also see [0044]).
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Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with the housing being configured to be removably attached to the surgical tool adjacent to or on the tissue manipulation member as taught by Mccabe in order to provide an appropriate field of view for detecting features of the tissue manipulation member and the target anatomy ([0038] of Mccabe). Examiner reiterates that although Mccabe also teaches these limitations, the office does not concede that primary reference Scheib does not already disclose these limitations. Mccabe is merely relied on to provide compact prosecution.
Regarding claim 11, Scheib further discloses wherein the projecting device includes at least one of an LED and a laser to generate the optical targeted marker (“Light output 626 from the laser light engine 624 illuminates targeted anatomy in an intraoperative surgical site 627. The laser pulsing control circuit 622 also controls a laser pulse controller 628 for a laser pattern projector 630 that projects a laser light pattern 631, such as a grid or pattern of lines and/or dots, at a predetermined wavelength (λ.sub.2) on the operative tissue or organ at the surgical site 627.” [0116]).
Regarding claim 22, as best understood in light of the 35 U.S.C. 112(b) rejection stated above, Scheib further discloses wherein the housing is fastenable to the body at least one of mechanically (“the attachment features 5352, 5354 comprise a snap-lock mechanism” [0191]), geometrically, chemically (“the attachment features 5352, 5354 may comprise one or more biocompatible adhesives” [0191]), or magnetically (“the attachment features 5352, 5354 are in the form of opposite magnets located near an outer rim 5356 of the end portion 5333 and an outer rim 5358 of a hollow housing 5355 of the optical module 5350” [0189]).
Regarding claim 32, Scheib further discloses wherein the tissue manipulation member is powered. Examiner notes that the tissue manipulation member is not presently recited as part of the claimed surgical device and therefore this limitation has been interpreted as mere intended use and has been given limited patentable weight.
Regarding claim 33, Scheib is silent on wherein the surgical device is configured and sized complimentarily with the surgical tool so that the when the surgical device is attached to the surgical tool they may be inserted together into the surgical site through a wound cavity shield. However, it would have been an obvious matter of design choice to configure and size the surgical device complimentarily with the surgical tool, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being with the level of ordinary skill in the art. See MPEP 2144.04 section IV.
Regarding claim 12, Scheib discloses a surgical device (surgical access assembly 5330 in Figs. 23-24, reproduced below, and corresponding description; also see Fig. 22 and corresponding description) for attachment to a surgical tool (trocar 5332 in Figs. 23-24 and corresponding description) having a tissue manipulation member configured to manipulate a desired tissue in a surgical site within a patient (“A trocar is generally used with an obturator that is inserted into the trocar lumen. In operation, a trocar assembly is inserted through the skin to gain access to a body cavity so that endoscopic surgery can be performed. The trocar assembly is placed against the outer skin of a patient, and pushed through the layers of skin, fat, muscle, and fascia until the trocar enters the body cavity.” [0163]; also see end effector 5318 of surgical instrument 5364 in Fig. 24 and corresponding description; also see [0180]), the surgical device comprising:
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a housing configured to be removably attachable to the surgical tool adjacent to or on the tissue manipulation member in an operatively- aligned orientation relative to the tissue manipulation member (“The trocar 5332 includes a housing 5336 [...] The housing 5336 defines a common lumen 5340 with the access tube 5338. The lumen 5340 extends longitudinally along a central axis of the housing 5336 and the access tube 5338. The hollow housing 5336 and the access tube 5338 are configured to define an access port for the surgical instrument 5364 into the body cavity” [0185]-[0186]; also see Fig. 24 and corresponding description, e.g., [0193]);
at least one imaging device for obtaining an image of the surgical site, the at least one imaging device including an optical receiver attached to the housing for obtaining the image of the surgical site, the at least one imaging device including a camera for receiving the image from the optical receiver, the image being obtained in a first person view from a viewpoint of the tissue manipulation member, the viewpoint changing according to a positioning of the tissue manipulation member as the surgical tool and attached housing are moved within the surgical site to prepare for and carry out a manipulation of the desired tissue (camera 5344 in Fig. 23 and corresponding description; also see Fig. 24 and corresponding description, e.g., [0193]);
a display device for providing a display of the image obtained by the at least one imaging device (“The camera 144 can include one or more image sensors 135 to receive signals from various light sources emitting light at various visible and invisible spectra (e.g. visible light, spectral imagers, three-dimensional lens, among others). The display 146 can include one or more screens or monitors for depicting real, virtual, and/or virtually-augmented images and/or information to one or more clinicians.” [0082]), the display including a virtual targeting marker overlaid onto the image of the surgical site to provide information about a position of the tissue manipulation member of the surgical tool relative to the desired tissue (“One or more outputs from the surface mapping logic 136, the tissue identification logic 140, and the distance determining logic 141, can be provided to the imaging logic 138, and combined, blended, and/or overlaid to be conveyed to a clinician via the display 146 of the imaging system 142.” [0084]; also see “The control system 600 is configured to detect the critical structure(s) and provide an image overlay of the critical structure and measure the distance to the surface of the visible tissue and the distance to the embedded/buried critical structure(s). In other instances, the control system 600 can measure the distance to the surface of the visible tissue or detect the critical structure(s) and provide an image overlay of the critical structure.” [0112]); and
a projecting device having an exit port located on the housing (structured light emitter 5346 in Fig. 23 and corresponding description) for emitting an optical targeting marker from the exit port in a targeting direction onto the surgical site when the housing is located on the surgical tool in the operatively-aligned orientation (“a laser pattern projector 630 that projects a laser light pattern 631, such as a grid or pattern of lines and/or dots, at a predetermined wavelength (λ.sub.2) on the operative tissue or organ at the surgical site 627.” [0116]; also see Fig. 11, 23, and 24 and corresponding descriptions), the optical targeting marker being detectable by the imaging device and displayable on the display of the image (“reading the laser light pattern 631 projected onto the targeted anatomy at the surgical site 627 by the laser pattern projector 630. A processing module 638 processes the laser light pattern 631 and outputs a first video output signal 640 representative of the distance to the visible tissue at the surgical site 627. The data is provided to the image overlay controller 610. The processing module 638 also outputs a second video signal 642 representative of a three-dimensional rendered shape of the tissue or organ of the targeted anatomy at the surgical site.” [0117]), the at least one imaging device being capable of imaging the optical targeting marker (“The imaging device can include a camera or imaging sensor that is configured to detect visible light, spectral light waves (visible or invisible), and a structured light pattern (visible or invisible), for example.” [0077]; also see “An image sensor of the camera 5344 may captured the illuminated surgical site “SS”.” [0189]).
As can be clearly and factually seen above, Scheib discloses all the claimed limitations. Yet, in an case or in any alternative interpretation, if one argues that Scheib does not disclose the housing being configured to be removably attached to the surgical tool adjacent to or on the tissue manipulation member, which the office does not concede, the Mccabe reference is relied on to also teach this limitation in an effort to provide compact prosecution.
Mccabe teaches, in the same field of endeavor, the housing being configured to be removably attached to the surgical tool adjacent to or on the tissue manipulation member (see housing of camera 310, e.g., analogous to claimed surgical device, being removably attached to power tool 200, e.g., surgical tool, with cutting tool 100, e.g., tissue manipulation member in Fig. 4, reproduced below, and corresponding description; also see [0044]).
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Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with the housing being configured to be removably attached to the surgical tool adjacent to or on the tissue manipulation member as taught by Mccabe in order to provide an appropriate field of view for detecting features of the tissue manipulation member and the target anatomy ([0038] of Mccabe). Examiner reiterates that although Mccabe also teaches these limitations, the office does not concede that primary reference Scheib does not already disclose these limitations. Mccabe is merely relied on to provide compact prosecution.
Regarding claim 18, Scheib further discloses wherein the projecting device includes at least one of an LED and a laser to generate the optical targeted marker (“Light output 626 from the laser light engine 624 illuminates targeted anatomy in an intraoperative surgical site 627. The laser pulsing control circuit 622 also controls a laser pulse controller 628 for a laser pattern projector 630 that projects a laser light pattern 631, such as a grid or pattern of lines and/or dots, at a predetermined wavelength (λ.sub.2) on the operative tissue or organ at the surgical site 627.” [0116]).
Regarding claim 34, Scheib further discloses wherein the at least one imaging device is configured to detect a distance to the desired tissue within surgical site (“The surgical visualization system can also include an imaging system and a control circuit in signal communication with the receiver(s) and the imaging system. Based on output from the receiver(s), the control circuit can determine a geometric surface map, i.e. three-dimensional surface topography, of the visible surfaces at the surgical site and one or more distances with respect to the surgical site. In certain instances, the control circuit can determine one more distances to an at least partially concealed structure. Moreover, the imaging system can convey the geometric surface map and the one or more distances to a clinician” [0073]; also see [0084], [0091]).
Regarding claim 35, as best understood in light of the 35 U.S.C. 112(b) rejection stated above, Scheib further discloses wherein the distance is detected using electrooptical measurement (“near infrared (NIR) time-of-flight measurement system configured to sense distance to a critical anatomical structure” [0027]; also see [0082], [0091], [0095]) and the distance is indicated on the display device (“The display 146 can include one or more screens or monitors for depicting real, virtual, and/or virtually-augmented images and/or information to one or more clinicians.” [0082]; also see “One or more outputs from the surface mapping logic 136, the tissue identification logic 140, and the distance determining logic 141, can be provided to the imaging logic 138, and combined, blended, and/or overlaid to be conveyed to a clinician via the display 146 of the imaging system 142.” [0084]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Scheib in view of Mccabe as applied to claim 1 above and further in view of Haider et al. (US 2019/0290297, September 26, 2019, hereinafter “Haider”).
Regarding claim 23, Scheib modified by Mccabe discloses the limitations of claim 1 as stated above but is silent on wherein the housing is connected to a source of power for powering the projecting device.
However, Haider teaches, in the same field of endeavor, wherein the housing is connected to a source of power (“The device can further include a sterile battery funnel configured to engage with a portion of the housing and adapted to permit a battery to slide through an internal volume of the funnel to a battery chamber of the housing.” [0196]) for powering the projecting device (“The device can further include a power management unit configured to receive electrical energy from the battery and distribute the electrical energy to power the pair of cameras, projector, display, and a speed controller for the hand held surgical tool.” [0200]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with wherein the housing is connected to a source of power for powering the projecting device as taught by Haider in order to provide compact, handheld power to the device.
Claims 24 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Scheib in view of Mccabe as applied to claim 1 above and further in view of Sharonov (US 2013/0226156, August 29, 2013).
Regarding claim 24, Scheib modified by Mccabe discloses the limitations of claim 1 as stated above. Scheib further discloses wherein the illuminating device is located on the housing adjacent the exit port (see Fig. 23 and corresponding description). Scheib is silent on wherein the illuminating device is at least one LED located on the housing adjacent the exit port.
However, Sharonov teaches, in the same field of endeavor, the illuminating device being at least one LED (“the point size light source 116 is referred to generically to represent different light sources such as lasers or laser diodes. With appropriate optics fibers, light emitting diodes (LEDs), or lasers can be utilized as point sources” [0037]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with wherein the illuminating device is at least one LED located on the housing adjacent the exit port as taught by Sharonov in order to provide light with minimal heat generation and lower energy consumption.
Regarding claim 27, Scheib modified by Mccabe discloses the limitations of claim 1 as stated above and Scheib further discloses wherein the projecting device includes an electrically-powered light source (“The optical module 5350 is coupled to a light source via a fiber optic line/cable 5319 that extends into the digital optics adaptor 5345. Additionally, the digital optics adaptor 5345 is coupled to the connector 5347, which is configured to transmit the light received from the digital optics adaptor 5345 to the optical module 5350 which projects the light into a space beyond the end effector 5318. Accordingly, the light travels from the light source to the optical module 5350 by way of the fiber optic line 5319, the digital optics adaptor 5345, and the connector 5347.” [0182]).
Scheib is silent on the exit port includes a lens for directing light from the electrically-powered light source in a beam in a targeting direction to form the optical targeting marker.
However, Sharonov teaches, in the same field of endeavor, the exit port includes a lens for directing light from the electrically-powered light source in a beam in a targeting direction to form the optical targeting marker (“a light source and lens system is used to project an image on the surgical site” [0008]; also see “The light beam "L" may be a laser emitted by a laser diode disposed within the point source or light projector. The light beam may be emitted by an LED disposed within the point source projector. The light beam may be focused to the point by a lens disposed within the point source projector. The semi-transparent or translucent mask 118 may be translatable to adjust the magnification factor. The semi-transparent mask may be disposed within the point source projector. The point source projector may be attached to an endoscope for visually inspecting the target site. The mask pattern may include a series of uniformly spaced concentric circles. The mask pattern 131 includes a series of uniformly spaced linear markings as in the projected image 131 in FIG. 1B. In one embodiment of a point size light source, a laser may be coupled to a ball lens.” [0038]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with the exit port includes a lens for directing light from the electrically-powered light source in a beam in a targeting direction to form the optical targeting marker as taught by Sharonov in order to focus the light beam to a particular desired point ([0038] of Sharonov).
Regarding claim 28, Scheib modified by Mccabe discloses the limitations of claim 1 as stated above and further discloses wherein the projecting device includes a laser (“Light output 626 from the laser light engine 624 illuminates targeted anatomy in an intraoperative surgical site 627. The laser pulsing control circuit 622 also controls a laser pulse controller 628 for a laser pattern projector 630 that projects a laser light pattern 631, such as a grid or pattern of lines and/or dots, at a predetermined wavelength (λ.sub.2) on the operative tissue or organ at the surgical site 627.” [0116]).
Scheib is silent on the exit port includes a lens for directing radiation from the laser in a targeting direction to form the optical targeting marker .
However, Sharonov teaches, in the same field of endeavor, the exit port includes a lens for directing radiation from the laser in a targeting direction to form the optical targeting marker (“a light source and lens system is used to project an image on the surgical site” [0008]; also see “The light beam "L" may be a laser emitted by a laser diode disposed within the point source or light projector. The light beam may be emitted by an LED disposed within the point source projector. The light beam may be focused to the point by a lens disposed within the point source projector. The semi-transparent or translucent mask 118 may be translatable to adjust the magnification factor. The semi-transparent mask may be disposed within the point source projector. The point source projector may be attached to an endoscope for visually inspecting the target site. The mask pattern may include a series of uniformly spaced concentric circles. The mask pattern 131 includes a series of uniformly spaced linear markings as in the projected image 131 in FIG. 1B. In one embodiment of a point size light source, a laser may be coupled to a ball lens.” [0038]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with the exit port includes a lens for directing radiation from the laser in a targeting direction to form the optical targeting marker as taught by Sharonov in order to focus the light beam to a particular desired point ([0038] of Sharonov).
Regarding claim 29, Scheib modified by Mccabe and Sharonov discloses the limitations of claim 28 as stated above and Scheib further discloses wherein the laser emits visible radiation (“The laser pulsing control circuit 622 controls a laser light engine 624. The laser light engine 624 outputs light in a plurality of wavelengths (λ.sub.1, λ.sub.2, λ.sub.3 . . . λ.sub.n) including near infrared (NIR). The laser light engine 624 can operate in a plurality of modes. In one aspect, the laser light engine 624 can operate in two modes, for example. In a first mode, e.g. a normal operating mode, the laser light engine 624 outputs an illuminating signal. In a second mode, e.g. an identification mode, the laser light engine 624 outputs RGBG and NIR light. In various instances, the laser light engine 624 can operate in a polarizing mode.” [0115]).
Regarding claim 30, Scheib modified by Mccabe and Sharonov discloses the limitations of claim 28 as stated above and Scheib further discloses wherein the laser emits infrared radiation (“The laser pulsing control circuit 622 controls a laser light engine 624. The laser light engine 624 outputs light in a plurality of wavelengths (λ.sub.1, λ.sub.2, λ.sub.3 . . . λ.sub.n) including near infrared (NIR). The laser light engine 624 can operate in a plurality of modes. In one aspect, the laser light engine 624 can operate in two modes, for example. In a first mode, e.g. a normal operating mode, the laser light engine 624 outputs an illuminating signal. In a second mode, e.g. an identification mode, the laser light engine 624 outputs RGBG and NIR light. In various instances, the laser light engine 624 can operate in a polarizing mode.” [0115]), the surgical device further including a display device for providing a display of the image obtained by the at least one imaging device including the optical targeting marker (“The camera 144 can include one or more image sensors 135 to receive signals from various light sources emitting light at various visible and invisible spectra (e.g. visible light, spectral imagers, three-dimensional lens, among others). The display 146 can include one or more screens or monitors for depicting real, virtual, and/or virtually-augmented images and/or information to one or more clinicians.” [0082]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Scheib in view of Mccabe and Sharonov as applied to claims 1 and 24 above and further in view of Haider.
Regarding claim 25, Scheib modified by Sharonov discloses the limitations of claim 24 as stated above but is silent on wherein the illuminating device and the projecting device are connected to a source of power.
However, Haider teaches, in the same field of endeavor, wherein the illuminating device and the projecting device are connected to a source of power (“The device can further include a power management unit configured to receive electrical energy from the battery and distribute the electrical energy to power the pair of cameras, projector, display, and a speed controller for the hand held surgical tool.” [0200]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Scheib with wherein the illuminating device and the projecting device are connected to a source of power as taught by Haider in order to provide compact, handheld power to the device.
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 AMINAH ASGHAR whose telephone number is (571)272-0527. The examiner can normally be reached M-W, F 9am-5pm EST.
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/A.A./Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797