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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/26/2025, 11/20/2025, 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
The amendment filed on 12/1/2025 has been entered. Claims 1-20 are pending.
Applicant’s amendment to the claims have overcome objections previously set forth in the Non-Final Office Action notified on 8/1/2025.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4, 6-9, is/are rejected under 35 U.S.C. 102 as being anticipated by Charles (US 20150272694).
Regarding claim 1, Charles discloses a surgical assistance device (Rotatable surgical camera; FIGS. 4A-4B, annotated below; Para [0224]) for capturing an image inside a body cavity, the surgical assistance device comprising:
N image capturing units (Camera pair 8009; camera pair 8011; camera pair 8010; Para [0224]);
a plurality of holding parts (FIGS. 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); and
a base member (Rotatable stage 8005, FIGS. 4A-4B, annotated below; ring 8008; FIG. 4B; Para [0216]),
wherein N is an integer that is greater than or equal to three (FIG. 4B), and wherein when 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 when the N virtual lines are
substantially parallel to each other (Annotated FIG. 4B), and
substantially perpendicular to a virtual plane formed by an upper end side or a lower end side of the base member or a plane including upper ends or lower ends of the plurality of holding parts (N virtual lines that are parallel and pass through the prisms are perpendicular to the plane passing through the ring 8008. FIG. 4B annotated, Virtual plane is shown for convenience, virtual lines are perpendicular to the virtual plane),
when a line passing through a center of the image capturing unit or a line passing through a center of the image capturing range of the image capturing unit is defined as a center line, 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 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. Further use of the term “when” in the claim language makes claimed feature a conditional feature. If the virtual lines are conditionally defined, this feature is not needed to define the claim scope).
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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. 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 FIG. 4B 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 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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charles (US 20150272694) 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 Connor (US 20200348627) and further in view of 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 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 12/1/2025 with respect to the claims have been fully considered. However, the arguments are not persuasive for the reasons stated below.
The applicant argues that relationship between the centerline and reference line has been clarified by the amendment, therefore, the amendment overcomes Charles (US 20150272694).
The examiner respectfully disagrees. The defined centerline passes through a single point because the center line is defined as “a line passing through a center of the image capturing unit or a line passing through a center of the image capturing range of the image capturing unit.”
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 FIG. 4B annotated above. A user can draw any line from this single point (because the second point to define the 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.
Further, the applicant has defined the virtual lines and center lines using the terminology “when” which makes the definition conditional. Therefore, the scope of the claim may be met without considering limitations for the lines provided by the definitions.
Accordingly, the applicants’ arguments are not persuasive at this time.
Conclusion
THIS ACTION IS MADE FINAL. 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
01/22/26