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 Arguments
Applicant’s arguments with respect to claim(s) 1-15 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.
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.
Claim(s) 1-2, 4, 7-8, 10, and 13 -15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Themelis US 2019/0247142 in view of Leica “Augment Your Reality” (IDS Reference) NPL-1 and further in view of Nakashima WO 2020/008652 A1 and further in view of Nakamura US 2009/0190209.
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Regarding claim 1, Themelis teaches a surgical microscope system (fig. 1 microscope 2) comprising: an optics carrier (camera assembly 8) comprising optical components of a microscope of the surgical microscope system; a display device (display assembly 56) for displaying image data recorded by an optical imaging sensor of the surgical microscope system; and an arm, the arm comprising a first section and a second section, the first section (see above), the second section (see above) being attached to a suspension point of the first section and to the optics carrier,
Themelis does not explicitly recite the first section being configured to provide a vertical and/or lateral adjustment of the position of the optics carrier however the figure clearly shows several hinges therefore if a vertical and/or lateral adjustment is not considered directly taught it would at least have been obvious to one of ordinary skill in the art to provide adjustment to easily accommodate doctors of different height, patients of different size and operating room environments.
Themelis does also does not teach the display device is positioned behind the second section, the second section having a shape that creates a free space around a geometric axis between the suspension point and the optics carrier, such that an optical path between a central area of the display device and a surgeon remains unobstructed by the second section.
However Leica teaches a surgical microscope wherein the display device is can be positioned behind the second section (see page 9 and page 15 the display is attached to a double arm), the second section having a shape that creates a free space around a geometric axis between the suspension point and the optics carrier (as a C shaped carrier), such that an optical path between a central area of the display device and a surgeon remains unobstructed by the second section to provides multiple simultaneous views of the patient. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Themelis in view of Leica to provide multiple simultaneous views to a surgeon.
Themelis teaches does not explicitly teach wherein the second section comprises a first sub-section that extends laterally outwards from the suspension point, a second sub-section that leads downwards from the first sub- section, and a third sub-section that subsequently returns inwards from the second sub-section towards the optics carrier wherein the optics carrier comprises a first eyepiece on a first side of the optical carrier facing the surgeon and a second eyepiece on a second different side of the optical carrier the shape of the second section is such that a bottom portion of the second section is slanted toward the display device to leave space for placement of a second eyepiece
However Nakashima teaches second section comprises a first sub-section (fig. 45 horizonal arm portion 37C) that extends laterally outwards from the suspension point, a second sub-section (second vertical arm portion 37B) that leads downwards from the first sub- section, and a third sub-section (second horizonal arm portion 37D) that subsequently returns inwards from the second sub-section towards the optics carrier, the shape of the second section is such that a bottom portion of the second section is slanted toward the display device (see fig. 45) to leave space for placement of a second eyepiece to provide an optics carrier that provides good sight lines.
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Themelis in view of Nakashima to provide good sight lines to a display while using the optics carrier.
Nakamura teaches a second eyepiece (figs 9, 11 and 13 stereo viewer 21)on a second different side of the optical carrier the shape of the second section is such that a bottom portion of the second section (see figs 9, 11 and 13) is slanted toward the display device (would be met when combined with Themelis in view of Nakashima) to leave space for placement of a second eyepiece two allow for simultaneous use with assistant operators (see fig. 15 assistant operator H2. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Themelis in view of Nakamura to allow for simultaneous use with assistant operators.
Regarding claim 2, Themelis teaches the surgical microscope system according to claim 1, wherein the central area is centered around a center point of the display device, and/or wherein the central area occupies at least 20% of an overall area of the display device (56).
Regarding claim 4, NPL-1 teaches second section is substantially shaped like the letter “C”.
Regarding claim 7, NPL-1 teaches the second sub-section comprises a portion that leads straight downwards, the portion occupying at least 40% of a vertical height of the second subsection (see figs on page 15).
Regarding claim 8, NPL-1 teaches a transition between the first and second sub-section is slanted, such that, in a parked position of the first and second section of the arm of the surgical microscope system, a pre-defined distance remains between the first section and the slanted transition between the first and second sub-section of the second section (see page figure on page 9);
Regarding claim 10, Themelis teaches the surgical microscope system according to claim 1, wherein the display device is a display device for displaying three-dimensional image data (see above three dimensional image data 6).
Regarding claim 13, Themelis as modified by Nakamura teaches the second eyepiece is a digital eyepiece (Nakamura [0083]).
Regarding claim 14. Themelis teaches all the limitations of claim 14 except second section is adapted to rotate around the suspension point. NPL-1 teaches a second section adapted to rotate around the suspension point (see page 15) to provide adjustability while viewing. Therefore, it would have been obvious prior the effective filing date of the invention to provide viewing adjustability.
Regarding claim 15, Themelis teaches a method for a surgical microscope system, the method comprising: providing an optics carrier (camera assembly 8) of the surgical microscope system (microscope 2), the optics carrier comprising optical components of a microscope of the surgical microscope system; providing a display device (display 56) of the surgical microscope system, the display device being suitable for displaying image data recorded by an optical imaging sensor of the surgical microscope system; and providing an arm of the surgical microscope system, the arm comprising a first section (labeled above) and a second section (labeled above), the second section being attached to a suspension point of the first section and to the optics carrier,
Themelis teaches does not explicitly teach wherein the second section comprises a first sub-section that extends laterally outwards from the suspension point, a second sub-section that leads downwards from the first sub- section, and a third sub-section that subsequently returns inwards from the second sub-section towards the optics carrier wherein the optics carrier comprises a first eyepiece on a first side of the optical carrier facing the surgeon and a second eyepiece on a second different side of the optical carrier the shape of the second section is such that a bottom portion of the second section is slanted toward the display device to leave space for placement of a second eyepiece
However Nakashima teaches second section comprises a first sub-section (fig. 45 horizonal arm portion 37C) that extends laterally outwards from the suspension point, a second sub-section (second vertical arm portion 37B) that leads downwards from the first sub- section, and a third sub-section (second horizonal arm portion 37D) that subsequently returns inwards from the second sub-section towards the optics carrier, the shape of the second section is such that a bottom portion of the second section is slanted toward the display device (see fig. 45) to leave space for placement of a second eyepiece to provide an optics carrier that provides good sight lines.
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Themelis in view of Nakashima to provide good sight lines to a display while using the optics carrier.
Nakamura teaches a second eyepiece (figs 9, 11 and 13 stereo viewer 21)on a second different side of the optical carrier the shape of the second section is such that a bottom portion of the second section (see figs 9, 11 and 13) is slanted toward the display device (would be met when combined with Themelis in view of Nakashima) to leave space for placement of a second eyepiece two allow for simultaneous use with assistant operators (see fig. 15 assistant operator H2. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify Themelis in view of Nakamura to allow for simultaneous use with assistant operators.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Themelis US 2019/0247142 in view of NPL-1 in view of Nakashima WO 2020/008652 in view of Nakamura US 2009/0190209 in view of Doi US 2011/0134518.
Regarding claim 9, Themelis teaches all the limitations of claim 9 except a vertical height of the third sub-section is at least 20% larger than a lateral width of the third sub-section. Doi teaches a vertical height of a third subsection is at least 20% larger than a lateral width of the third sub-section (see fig. 2) allowing for rotation in multiple axes (X, Y, Z see fig. 2) while being easy to manufacture [0038]. Therefore, it would have been obvious to one of ordinary skill in the art to modify Themelis in view of Doi to allow for multiple axis rotation while being easy to manufacture.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Themelis US 2019/0247142 in view of NPL-1 in view of Nakashima WO 2020/008652 in view of Nakamura US 2009/0190209 in view of Strauss US 2003/0230698.
Regarding claim 11, Themelis teaches all the limitations of claim 11 except the second section comprises a cable duct and a removable cover for accessing cables within the cable duct.
Strauss teaches a second section (fig. 4 holding arm 19) comprises a cable duct (fig. 4/9 cover 46) and a removable cover for accessing cables within the cable duct [0051]. Therefore, it would have been obvious prior the effective filing date of the invention to modify Themelis in view of Strauss to provide accessibility to the supply lines.
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.
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/PHU VU/Primary Examiner, Art Unit 2871
