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 .
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.
Claim(s) 1-3, 5-6, 8-11, 18 and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggli et al. (US Pub 2018/0338675) in view of Huels et al. (US Patent 9,107,628).
With respect to claim 1, Eggli discloses a laryngoscope (see figures 3 and 4 below) comprising: a blade (fig 3, 20) having a proximal blade portion (see fig 3 below) and a distal blade portion (see fig 3 below), the distal blade portion configured for insertion into a patient, the proximal blade portion including a channel wall (fig 3, 28 and channel for wires and components) defining a periphery of the proximal blade portion and a channel (fig 3, 28) therein; an image sensor (fig 3, 38 and 34) positioned at a distal end of the distal blade portion; and a controller (fig 3, 30, 50, 60, 70, 80) comprising a control button (fig 3, 50) and a body having a first body portion and a second body portion, the controller being configured to receive image data from the image sensor as the image data is being generated by the image sensor (fig 4, 60), the first body portion having a longitudinal axis, the second body portion (fig 3, 66) extending proximally from the proximal blade portion and comprising a first attachment portion (see fig 3 below wire connecting the button to the display) affixed to the first body portion, and the control button positioned in or on the first attachment portion overlapping the first body portion (fig 3), wherein the controller is configured to detect a first user input corresponding to a first press of the control button, the first press of the control button being shorter in duration than a threshold duration, and responsive to detection of the first user input cause recording of a first image file corresponding to the image data received when the first user input was detected (paragraph 16 discloses using the control button to be pressed at different durations for different effects).
With respect to claim 2, Eggli discloses wherein the control button has a button surface and a button surface normal, and wherein an angle between the button surface normal and the longitudinal axis is less than 90 degrees (see fig 3 below) and wherein the distal blade portion and the button surface normal extend forwardly relative to the longitudinal axis (fig 1 shows when in use the button is forward of a lower portion of the axis. Figure 1 shows that the handle is tilted forward such that the button would be forward of the axis near the connection between the proximal and distal blade portions).
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With respect to claim 5, Eggli discloses wherein the second body portion comprises a second attachment portion (see fig 3 below) affixed to the first attachment portion, wherein the controller comprises a connector cable adapted to connect the controller to a monitor device, wherein the blade has a distal end, wherein the control button comprises a button surface and a button surface normal, wherein the button surface has a center coincident with the button surface normal, wherein the center of the button surface is offset from the longitudinal axis in a direction toward the distal end of the blade (see fig 1 below in use), and wherein the connector cable is connected to and extends from the second body portion with an offset (see fig 4 below moves away from the distal blade) from the longitudinal axis in a direction opposite the button surface.
With respect to claim 6, Eggli discloses wherein the connector cable extends from the second attachment portion in a direction substantially parallel (see fig 4 below) to the longitudinal axis. With respect to claim 8, Eggli discloses wherein the controller is configured to detect a second user input corresponding to a second press of the control button, the second press of the button being equal to or longer than the threshold duration, and responsive to detection of the second user input cause initiating a recording of a first video file corresponding to the image data received after detection of the second user input (paragraph 16 discloses a second longer press to cause video recording).
With respect to claim 9, Eggli discloses wherein, after detection of the second user input, the controller is configured to detect a third user input corresponding to a third press of the control button occurring during said recording, and responsive to detection of the third user input cause ending the recording of the first video file, wherein the first video file corresponds to the image data received between detection of the second user input and the third user input (paragraph 16 discloses a 3rd length press).
With respect to claim 10, Eggli discloses wherein the controller is configured to detect the first user input while said recording is taking place, after detection of the second user input and before detection of the third user input (paragraph 16). With respect to claim 11, Eggli discloses wherein said recording occurs while said second press of the control button is maintained, wherein the first video file corresponds to the image data received while the second user input is detected (paragraph 16).
With respect to claim 18, Eggli discloses wherein the blade comprises a camera (fig 3, 38) including a camera housing (housing form 38), a light emitter (fig 3, 36 and the image sensor (paragraph 17), the camera housing having a first housing compartment and a second housing compartment separated from the first housing compartment by a separating wall (sensor, camera and light emitter are shown in separate parts), and wherein the image sensor is positioned in the first housing compartment and the light emitter is positioned in the second housing compartment.
With respect to claim 29, Eggli discloses wherein the control button has a button surface and a button surface normal, wherein the blade comprises a mid-plane parallel (in the direction of the paper) to the longitudinal axis and a transverse plane (plane coming out of the paper) parallel to the longitudinal axis and orthogonal to the mid-plane, wherein the distal blade portion and the button surface normal extend on one side of the transverse plane (very left side of the distal blade is on the same side of the button), and wherein the proximal portion of the second body portion extends on an opposite side of the transverse plane (See fig 3 below the right portion of the 2nd body extends on the right side while the button and the left side of the distal blade extend on the left side, the claims do not require the entire blade is on one side).
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With respect to claim 1, Eggli discloses the claimed invention except for the controller body portion being removably received in the channel of the proximal blade portion of the blade.
Huels et al. discloses (see fig 10 below) a controller body portion (fig 10, 210) being removably received in the channel (fig 10, 650) of the proximal blade portion of the blade (Fig 10, 600) to allow the blade to be disposable and single use (col. 1, ll. 45-47).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Eggli to have controller body portion being removably received in the channel of the proximal blade portion of the blade in view of Huels in order to allow the blade to be disposable and single use.
With respect to claim 3, Eggli in view of Huels discloses wherein the control button comprises a control button light indicator (fig 3) operable to emit light in a first pattern and a second pattern, the control button light indicator emitting light in the first pattern when the controller is coupled to the blade and in the second pattern when the controller is not coupled to the blade (paragraph 37 Eggli discloses the button has an indicator to show the status of the scope while Huels discloses coupling and decoupling of the controller from the blade).
With respect to claim 28, Eggli in view of Huels discloses wherein the first attachment portion is intermediate a proximal portion of the second body portion and the first body portion (first attachment is the wire connecting the button to 70 and up to the monitor such that it is between the 1st and second bodies in figure 3), wherein the first attachment portion of the second body portion overlaps the channel of the blade (Huels discloses the controller is located in the blade such that the attachment would be in the blade), and wherein the proximal portion of the second body portion does not overlap the channel of the blade (Huels discloses the second body portion extending out of the blade .
Claim(s) 13 and 24-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggli in view of Huels as applied to claim 1 above, and further in view of Birnkrant et al. (US Patent 9,386,914).
With respect to claim 13, Eggli in view of Huels discloses wherein the blade comprises the image sensor (fig 3, 34, 38), wherein the controller comprises an electrical controller connector (line between 70 and 38), and wherein the electrical controller connector is configured to electrically connect the controller to the image sensor of the blade when the first body portion is received in the channel of the blade (fig 3 shown connected). Eggli discloses the claimed invention except for wherein the controller is electrically disconnected from the image sensor of the blade when the first body portion is not received in the channel of the blade.
Birnkrant discloses a controller (fig 3, 202) is electrically disconnected (fig 3) from the image sensor (fig 5, 214) of the blade when the first body portion is not received in the channel of the blade (fig 3) to allow for the sensitive electronics of the controller to be removed from the handle during sterilization to not expose them to high temperatures (col. 3, ll. 5-8).
With respect to claim 24, Birnkrant discloses (to allow for the disconnecting of the connector) wherein the channel is formed of a first channel portion (bottom channel) and a second channel portion (upper channel), the second channel portion being between the proximal portion of the blade and the first channel portion (fig 3), the first channel portion and the second channel portion being connected along a connected portion (see fig 3 below) of the channel wall between a first angular position (see fig 3 below) and a second angular position (See fig 3 below) about the longitudinal axis and being separated along a slit portion (see fig 3 below) extending from the second angular position to the first angular position about the longitudinal axis.
With respect to claim 25, Birnkrant discloses wherein the second channel portion comprises at least one retention element (slots for 222) between a first retention element angular position and a second retention element angular position (see fig 3 below) about the longitudinal axis, the first retention element angular position and the second retention element angular position being within the slit portion (located where the back slit is), and wherein an angular distance between the first retention element angular position and the first angular position is at least 45 degrees and an angular distance between the second retention element angular position and the second angular position is at least 45 degrees (about 90 degrees around the body).
With respect to claim 26, Birnkrant discloses wherein the slit portion is longer than the connected portion (see fig 3 below the slit portion is longer than the connected portion).
With respect to claim 27, Birnkrant discloses wherein the angular distance between the first retention element angular position, and the first angular position is at least 70 degrees and/or the angular distance between the second retention element angular position and the second angular position is at least 70 degrees (show to be 90 degrees).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Eggli in view of Huels to include wherein the controller is electrically disconnected from the image sensor of the blade when the first body portion is not received in the channel of the blade in view of Birnkrant in order to allow for the sensitive electronics of the controller to be removed from the handle during sterilization to not expose them to high temperatures.
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggli in view of Huels as applied to claim 1 above, and further in view of Stewart et al. (US Patent 9,498,112).
With respect to claim 14, Eggli in view of Huels discloses the claimed invention except for wherein the controller comprises a battery receiver configured to receive a replaceable battery pack adapted to power the controller, the battery receiver comprising a battery connector with battery connector terminals adapted to cooperate with corresponding connection terminals of the replaceable battery pack, the battery receiver comprising an outer connector seal encircling the battery connector and being configured to, when the replaceable battery pack is received in the battery receiver, contact a corresponding surface of the replaceable battery pack encircling the connection terminals of the replaceable battery pack.
Stewart discloses wherein a controller (fig 2, 20) comprises a battery receiver (space inside of 20 for battery pack 28)configured to receive a replaceable battery pack (fig 5) adapted to power the controller, the battery receiver comprising a battery connector with battery connector terminals adapted to cooperate with corresponding connection terminals of the replaceable battery pack (fig 5 show battery terminals on the battery pack), the battery receiver comprising an outer connector seal (fig 2, 26) encircling the battery connector (circles the top) and being configured to, when the replaceable battery pack is received in the battery receiver, contact a corresponding surface of the replaceable battery pack encircling the connection terminals of the replaceable battery pack (fig 2) to allow for the battery to be removable for ease of use (col. 9, ll. 2-3).
With respect to claim 15, Stewart discloses wherein the replaceable battery pack is devoid of an outer sealing element configured to contact a surface of the controller (fig 2 and 5 shows no cover sealing the battery pack).
With respect to claim 16, Stewart discloses wherein the controller comprises an internal sealing (fig 2, 26encircling the battery connector and preventing liquid from entering from the battery receiver and into an internal space of the controller when the replaceable battery pack is not received in the battery receiver (col. 8, ll. 43).
With respect to claim 17, Stewart discloses wherein the battery receiver forms part of the first body portion, wherein the controller comprises a battery connector circuitry (fig 2), the battery connector being attached to a first side of the battery connector circuity, the internal sealing being arranged between the battery connector circuitry and a shell element (shell shown in figure 5) of the battery receiver (fig 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Eggli in view of Huels to include wherein the controller comprises a battery receiver configured to receive a replaceable battery pack adapted to power the controller, the battery receiver comprising a battery connector with battery connector terminals adapted to cooperate with corresponding connection terminals of the replaceable battery pack, the battery receiver comprising an outer connector seal encircling the battery connector and being configured to, when the replaceable battery pack is received in the battery receiver, contact a corresponding surface of the replaceable battery pack encircling the connection terminals of the replaceable battery pack in view of Stewart in order to allow for the battery to be removable for ease of use.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggli in view of Huels as applied to claim 1 above, and further in view of McGrath (US Patent 9,066,700)
With respect to claims 19 and 20, Eggli in view of Huels discloses the claimed invention except for wherein the image sensor and the light emitter are arranged with an offset distance between a front surface of the image sensor and a front surface of the light emitter along a viewing direction of the image sensor wherein the camera housing comprises a first side wall, a second side wall, a third side wall extending between the first side wall and the second side wall, and a fourth side wall extending between the first side wall and the second side wall, the camera housing further comprising the separating wall extending between the first side wall and the second side wall and being arranged between the third side wall and the fourth side wall, wherein the first housing compartment is defined by the first side wall, the second side wall, the third side wall and the separating wall, and wherein the second housing compartment is defined by the first side wall, the second side wall, the fourth side wall and the separating wall.
McGrath discloses wherein the image sensor and the light emitter are arranged with an offset distance between a front surface of the image sensor and a front surface of the light emitter along a viewing direction of the image sensor (see fig 3 below and col. 4, ll. 18) wherein the camera housing comprises a first side wall, a second side wall, a third side wall (fig 1 shows a rectangular shape with side walls for the camera) extending between the first side wall and the second side wall, and a fourth side wall extending between the first side wall and the second side wall, the camera housing further comprising the separating wall (wall between the camera and the light source) extending between the first side wall and the second side wall and being arranged between the third side wall and the fourth side wall, wherein the first housing compartment is defined by the first side wall, the second side wall, the third side wall and the separating wall (four walls of the camera location), and wherein the second housing compartment is defined by the first side wall, the second side wall, the fourth side wall and the separating wall (four walls containing the light source) to have the level of ambient light that is viewed by the physician is reduced and the view improved (col. 4, ll. 18-20).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Eggli in view of Huels to include wherein the image sensor and the light emitter are arranged with an offset distance between a front surface of the image sensor and a front surface of the light emitter along a viewing direction of the image sensor wherein the camera housing comprises a first side wall, a second side wall, a third side wall extending between the first side wall and the second side wall, and a fourth side wall extending between the first side wall and the second side wall, the camera housing further comprising the separating wall extending between the first side wall and the second side wall and being arranged between the third side wall and the fourth side wall, wherein the first housing compartment is defined by the first side wall, the second side wall, the third side wall and the separating wall, and wherein the second housing compartment is defined by the first side wall, the second side wall, the fourth side wall and the separating wall in view of McGrath in order to have the level of ambient light that is viewed by the physician is reduced and the view improved.
Claim(s) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggli in view of Huels as applied to claim 1 above, and further in view of Rosenblatt et al. (US Pub 2017/0291001).
With respect to claim 21, Eggli in view of Huels discloses wherein the controller is configured to display the live representation of the image data with a display (fig 4) but does not disclose wherein the controller is configured to detect a trigger-event, and responsive to detection of the trigger event, to start a timer and display a value of the timer with the display.
Rosenblatt discloses a controller (paragraph 101) is configured to detect a trigger-event (paragraph 101), and responsive to detection of the trigger event, to start a timer and display a value of the timer with the display (paragraph 101, start and display timer) to allow for timing how long the patient is intubated (paragraph 101).
With respect to claim 22, Rosenblatt discloses wherein the trigger event comprises a coupling between the controller and the blade (paragraph 103, analysis when the device is coaxially aligned with the tube).
With respect to claim 23, Rosenblatt discloses wherein the trigger event comprises a detection, by image analysis of the image data, of insertion of the distal portion of the blade into the patient's oral cavity (paragraph 103 when an unobstructed view of the larynx is established).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Eggli in view of Huels to include wherein the controller is configured to detect a trigger-event, and responsive to detection of the trigger event, to start a timer and display a value of the timer with the display in order to allow for timing how long the patient is intubated.
Response to Arguments
Applicant’s arguments, see remarks, filed 7/16/2026, with respect to the U.S.C. 112 rejection of claim 27 have been fully considered and are persuasive. The U.S.C. 112 rejection of claim 27 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-3, 5-6, 8-11 and 13-29 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to claims 2 and 5 below, the applicant argues that the button does not extend forward with the distal end of the blade. The examiner respectfully disagrees. In use as can be seen in figure 1 above the button is oriented forward of the lower end of the longitudinal axis. As noted above clarifying all of the distal blade and the button are located on one side of the axis would overcome the Eggli reference.
The rejections are deemed proper.
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 STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.J.C/ Examiner, Art Unit 3773
/NICHOLAS J PLIONIS/ Primary Examiner, Art Unit 3773
