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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/27/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Claims 1-20 are pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 20150272694) in view of Austin (US 20180368656).
Regarding claim 1, Charles discloses a surgical assistance device (Rotatable surgical camera; FIGS. 4A-4B, 4C, annotated below; Para [0224]) for capturing an image inside a body cavity, the surgical assistance device comprising:
N image capturing units (One or more cameras 8015 disposed on the inner surface; para [0225]; FIG. 4C; Camera pair 8009; camera pair 8011; camera pair 8010; Para [0224]);
a plurality of holding parts (Holding part of camera 8015; FIGS. 4C, 4A-4B, annotated below), each of the plurality of holding parts holding each of the image capturing units (Prism for holding each of the camera. FIG. 4B, 4C); and
a base member (Rotatable stage 8005, FIGS. 4A-4B, 4C, annotated below; ring 8008; FIG. 4B; Para [0216]),
wherein the base member has a cylindrical structure (FIG. 4A) having an outer peripheral surface, an inner peripheral surface, an upper end surface, and a lower end surface (FIG. 4A),
wherein each of the plurality of holding parts includes an upper end on an upper end surface side of the base member, and a lower end on a lower end surface side of the base member (camera 8015 can be included inside the base member at 8016; para [0225]; This provides the ends of the holding parts on the side of the base member.),
wherein N is an integer that is greater than one (One or more camera 8015; Para [0225]; FIG. 4B), and
wherein N virtual lines each passing through each of the plurality of holding parts holding the N image capturing units are defined as reference lines for arrangement such that the N virtual lines are
substantially parallel to each other (Annotated FIG. 4B), and
substantially perpendicular to:
a virtual plane formed by the upper end surface or a lower end surface of the base member,
a virtual plane derived from the upper end surface or the lower end surface of the base member by a least-squares method, or
a virtual plane derived from the upper ends or the lower ends of the plurality of holding parts by a least-squares method (N virtual lines are perpendicular to virtual plane derived from the upper ends or the lower ends of the plurality of holding parts by a least-squares method; FIGS. 4A, 4B),
wherein a center line is defined as a line connecting a center of the image capturing unit and a center of an image capturing range of the image capturing unit (FIG. 4C),
wherein each of the image capturing units is arranged such that the center line is oriented to outside of the base member at an angle that is greater than or equal to 0 degree and less than or equal to 10 degrees relative to each of the reference lines passing through each of the plurality of holding parts (Considering the definition “line passing through a center of the image capturing range of the image capturing unit is defined as a center line” of the center line as recited in the claim, any line that passes through the center of the image capturing range can be considered as the center line. Center of image capturing range is away from the camera and based on definition it is a “single” point such as shown in FIG. 4B, 4C annotated. A user can draw any line from this single point (because a second point to define a line is not required based on the definition in the claim) making an angle between 0-degree -10 degree with the virtual line which satisfies the claim requirement.).
Charles does not expressly disclose wherein the image capturing range of each image capturing unit is facing away and outward from a center of the base member.
Austin is directed to surgical visualization system (abstract ) and teaches a plurality of camera (cameras 520a) mounted on a frame (FIGS. 14A1-a annotated below; 510a) wherein the image capturing range of each image capturing unit is facing away and outward from a center of the base member (FIG. FIGS. 14A1-a; Para [1449]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Charles to include cameras 8015 (FIG. 4C) in the circumference of the base member in accordance with teaching of Austin so that more vertical and central view of the camera could be provided.
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Regarding claim 2, Charles discloses wherein the plurality of holding parts are formed as separate components from the base member (Prisms where the sensors are positioned are formed as separate components; FIGS. 4C, 4B).
Regarding claim 3, Charles discloses wherein at least one of the N image capturing units has a variable angle of the center line with respect to the reference line (The cameras may be configured to have tip and/or tilt adjustment such that the attitude or orientation of the camera may be adjusted. Para [0204]).
Regarding claim 4, Charles discloses wherein the plurality of holding parts formed as the separate components from the base member are formed rotatably relative to the base member (The cameras may be configured to have tip and/or tilt adjustment such that the attitude or orientation of the camera may be adjusted. FIG. 4C; Para [0204]).
Regarding claim 6, Charles discloses wherein each of the image capturing units is arranged such that the center line is oriented to outside of the base member at an angle that is greater than or equal to 5 degrees and less than or equal to 10 degrees relative to each of the reference lines passing through each of the plurality of holding parts (Image capturing units are arranged to be oriented greater than or equal to 5 degrees and less than or equal to 10 degrees. Considering the definition “line passing through a center of the image capturing range of the image capturing unit is defined as a center line” of the center line as recited in the claim, any line that passes through the center of the image capturing range can be considered as the center line. Center of image capturing range is away from the camera and it is a “single” point such as shown in FIGS. 4B, 4C annotated. A user can draw any line from this single point (because the second point to define a line is not required based on the definition in the claim) making an angle between 5-degree -10 degree with the virtual line which satisfies the claim. A user can draw a line from this one point making an angle between 5-degree -10 degree with the virtual line which satisfies the claim requirement.).
Regarding claim 7, Charles discloses the surgical assistance device wherein an image processing unit that synthesizes images obtained from the image capturing units (Images from the camera is processed. Para [0013]; Images from the camera are integrated. Para [0018]).
Regarding claim 8, Charles discloses a display (display system 374; para [0289]) unit that displays an image processed by the image processing unit.
Regarding claim 9, Charles discloses a program used for the surgery support system (Images from the camera is processed. Para [0013]; Images from the camera are integrated. Para [0018]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 20150272694) in view of Austin (US 20180368656) and further in view of Connor (US 20200348627).
Regarding claim 5, Charles does not expressly disclose wherein the base member is formed of a flexible material.
Connor is directed to an endoscope for minimally invasive surgery (abstract) and teaches wherein the base member is formed of a flexible material (The camera remains connected to the housing by a flexible component (such as a wire, cord, or strap) even when the camera is removed from the housing, wherein the camera is in electronic (wired or wireless) communication with the housing even when it is removed from the housing so that the camera can be used to record images even when the camera is removed from the housing. Para [0238]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Charles to include the base member made of a flexible material so that use of the surgical assistance device could be made more convenient as the device is passed through the body by way of having flexible base member.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 20150272694) in view of Austin (US 20180368656) and further in view of Connor (US 20200348627) and Ano (US 20180061372).
Regarding claim 10, Charles discloses wherein when any of the image capturing units captures a surgical instrument during a surgery (sensor and refractor; laser 200; Composite image is generated by FIGS. 13B, 14; Para [0269]).
Charles does not expressly disclose wherein the program performs image processing so that the surgical instrument is not displayed on the display unit based on an image captured by another of the image capturing units.
Ano teaches wherein the program performs image processing so that the surgical instrument is not displayed on the display unit based on an image captured by another of the image capturing units (Surgical tool image is hidden when the image is displayed in the display so that the problem of image of the surgical area being hidden by the image of the surgical tool is avoided. Para [0123]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Charles system so that the tool image is hidden when the image of the surgical area is displayed in a display so that the surgical image area is displayed without being obscured by the surgical tool image.
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 20150272694) in view of Austin (US 20180368656) and further in view of Von (US 20140180001).
Regarding claim 11, Charles does not expressly disclose wherein the plurality of holding parts are formed as through holes penetrating the base member.
Von is directed to endoscope for minimally invasive surgery and teaches wherein the holding parts are formed as through holes penetrating the base member (FIG. 3; Rotationally symmetric main support device 4 are two camera modules or two imaging devices 12a, 13a, 14a, 12b, 13b, 14b consisting in particular of imaging optics 14a and 14b, respectively, mounted on two camera brackets 12a and 12b. FIG. 3; Para [0041]; As seen from FIG. 3, the camera bracket provide holes where the imaging devices 12a-14b are positioned.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Charles system to include brackets and holes in the base member of Charles in accordance with the teaching of Von so that the mounting of camera could be made convenient and secured.
Regarding claim 12, Charles as modified teaches wherein the plurality of holding parts are formed as cutouts in an outer circumferential face of the base member (Von: FIG. 3).
Regarding claim 13, Charles discloses wherein the N image capturing units are arranged at substantially equal intervals in the base member (FIGS. 4A-4D).
Regarding claim 14, Charles discloses wherein the base member is formed in a substantially elliptical shape (FIGS. 4A-4D).
Regarding claim 15, Charles discloses wherein the N image capturing units are arranged at substantially equal intervals in the base member (FIGS. 4A-4D).
Regarding claim 16, Charles discloses wherein the base member is formed in a substantially elliptical shape (FIGS. 4A-4D).
Regarding claim 17, Charles discloses wherein the base member is formed in a substantially elliptical shape (FIGS. 4A-4D).
Regarding claim 18, Charles discloses wherein at least one of the N image capturing units has a variable angle of the center line with respect to the reference line (The cameras may be configured to have tip and/or tilt adjustment such that the attitude or orientation of the camera may be adjusted. Para [0204]).
Regarding claim 19, Charles discloses wherein at least one of the N image capturing units has a variable angle of the center line with respect to the reference line (The cameras may be configured to have tip and/or tilt adjustment such that the attitude or orientation of the camera may be adjusted. Para [0204]).
Regarding claim 20, Charles discloses wherein at least one of the N image capturing units has a variable angle of the center line with respect to the reference line (The cameras may be configured to have tip and/or tilt adjustment such that the attitude or orientation of the camera may be adjusted. Para [0204]).
Response to Arguments
Applicant' s arguments submitted on 05/26/2026 with respect to the claims have been fully considered. Therefore, the rejection dated 01/26/2026 has been withdrawn. However, upon further consideration a new rejection has been made.
Newly cited art Austin (US 20180368656 ) teaches four cameras 520a are mounted on a frame 510a (FIGS. 14A1-a ) and directed to the same direction. The cameras 8015 (FIG. 4C) of Charles (US 20150272694) could be modified to provide camera in multiple positions and directed to downward in the frame/base 8005 in accordance with the teaching of Austin to achieve the features of claim 1.
See rejection set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
6/3/26
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