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 .
Drawings
The drawings were received on 4 December 2025. These drawings are acceptable.
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.
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.
Claim(s) 1, 4, 11-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (2015/0293877) in view of Di et al (2016/0048536).
Regarding claim 1, Liang et al disclose a medical visualization device comprising:
an image sensor configured to generate image data indicative of a view from the medical visualization device (an imaging head may include…an imaging sensor – [0007]),
a light emitter configured to provide illumination of the view (an imaging head may also include a light source – [0007]),
a device processor configured to encode the image data to provide encoded image data based on the image data (common base unit (CBU) – [0007];[0018]. Examiner notes all image data is encoded in some way.),
a device wireless transceiver configured to communicate with a monitor wireless transceiver of a monitor device (wireless communication module 200 – [0018]), the device wireless transceiver being configured to transmit the encoded image data to the monitor wireless transceiver using a downstream data channel from the device wireless transceiver (a mobile device that is connected to the second WLAN AP can view images from the CBU – [0022]).
Liang et al fail to explicitly disclose encode the image data with a battery status and/or settings information, to provide encoded image data based on the image data and the battery status and/or settings information.
However, Di et al teach in an analogous field of endeavor, encode an image data with a settings information, to provide encoded image data based on the image data and the settings information (encode the images with a color-localized image representation (e.g., one or more color words representing clusters of local color descriptors) – [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify encoding the image data to provide encoded image data based on the image data of Liang et al with settings information of Di et al as it would provide a localized spatial color histogram feature of the images.
Regarding claim 4, Liang et al disclose wherein the device wireless transceiver is configured to receive settings data from the monitor wireless transceiver using an upstream data channel to the device wireless transceiver (a mobile device that is connected to the second WLAN AP can capture images from the CBU – [0022]), and wherein the settings data comprises brightness (adjust the intensity of light – [0017]).
Regarding claim 11, Liang et al disclose a medical visualization system comprising:
the medical visualization device of claim 1 (See rejection of Liang et al as modified by Di et al with respect to claim 1 above); and
the monitor device (See rejection of Liang et al as modified by Di et al with respect to claim 1 above),
a first housing (when a CBU and a sensor or imaging head is mechanically and electrically coupled into one piece with the CBU functioning as a handle – [0032]);
the monitor wireless transceiver (See rejection of Liang et al as modified by Di et al with respect to claim 1 above), the monitor wireless transceiver being configured to communicate with the device wireless transducer of the medical visualization device (a mobile device that is connected to the second WLAN AP can view images from the CBU – [0022]), and wherein the monitor wireless transceiver is configured to transmit settings data using an upstream data channel from the monitor wireless transceiver to the device wireless transceiver (a mobile device that is connected to the second WLAN AP can capture images from the CBU – [0022]),
a monitor processor configured to decode the encoded image data (a mobile device that is connected to the second WLAN AP can view images from the CBU – [0022]) and cause a display to display a live representation of the image data (real-time remote consultation or diagnosis – [0045]),
wherein the monitor processor is configured to provide the settings data based on the image data to adjust settings of one or more components of the medical visualization device (remotely controlled via wireless communication channel that receive commands from a user – [0047]).
Regarding claim 12, Liang et al disclose the monitor device further comprising the display accommodated in the first housing (the CBU is equipped with a built-in display – [0016]).
Regarding claim 13, Liang et al disclose wherein the monitor wireless transceiver comprises a monitor antenna, and wherein the monitor antenna is positioned external to the first housing (the input device may be a wireless (e.g., Bluetooth) device with a processor, a screen and an input means (e.g., a smartphone or tablet coupled to the CBU via Bluetooth) – [0019]).
Regarding claim 14, Liang et al disclose wherein the monitor antenna is configured to be positioned above an operating setting in an operating room (endoscope – [0017]; local device(s) – [0022]. Examiner notes endoscopes are used in an operating room setting for sterilization and the device must be local).
Regarding claim 16, Liang et al disclose wherein the medical visualization system further comprising a second medical visualization device according to claim 1, wherein the medical visualization device and the second medical visualization device are different (different imaging heads – 1(b-g)).
Regarding claim 17, Liang et al disclose wherein the first medical visualization device is configured for a first clinical purpose and the second medical visualization device is configured for a second clinical purpose (otoscope, intra-oral camera, nasal camera, anal or vagina camera, various other medical endoscopes, microscope, ECG, EEG or other physiological signal collection apparatus – [0045]).
Regarding claim 18, Liang et al disclose wherein the image sensor of the medical visualization device is a first image sensor type and the image sensor of the second medical visualization device is a second image sensor type (allows many different types of sensors – [0027]).
Regarding claim 19, Liang et al disclose further comprising:
a first main component including the image sensor and the light emitter (an imaging head may include…an imaging sensor and may also include a light source – [0007]);
a second main component including a second image sensor and a second light emitter (an interchangeable sensing apparatus (ISA) comprising a common base unit (CBU), to which a sensor head from a class of sensor heads can be attached – [0007]),
an auxiliary component configured to be detachably coupled to the first main component and, not simultaneously, to the second main component, the auxiliary component comprising the device processor and the device wireless transceiver (common base unit (CBU) – [0007];[0018]),
wherein:
the image sensor is configured to generate first image data indicative of a view from the first main component (imaging signals from an imaging sensor – [0013]),
the light emitter is configured to provide illumination of the view from the first main component (light sources may be in visible range, or in IR or UV range, polarized, or a combination thereof to capture images illuminated with different frequencies of lights – [0007]),
the second image sensor is configured to generate second image data indicative of a view from the second main component (imaging signals from an imaging sensor – [0013]),
the second light emitter is configured to provide illumination of the view from the second main component (light sources may be in visible range, or in IR or UV range, polarized, or a combination thereof to capture images illuminated with different frequencies of lights – [0007]),
the device processor is configured to encode the first image data to provide first encoded image data based on the first image data and to encode the second image data to provide second encoded image data based on the second image data (common base unit (CBU) – [0007];[0018]),
the device wireless transceiver configured to transmit the first encoded image data and the second encoded image data to the monitor wireless transceiver using the downstream data channel from the device wireless transceiver (a mobile device that is connected to the second WLAN AP can view images from the CBU – [0022]), and to receive settings data from the monitor wireless transceiver using the upstream channel to the device wireless transceiver (a mobile device that is connected to the second WLAN AP can capture images from the CBU – [0022]),
the device processor is configured to adjust settings of one or more components of the medical visualization device based on the settings data (a user interface on a mobile device to configure the wireless communication module, or other settings in the common base unit or in a sensor head – claim 13).
Regarding claim 20, Liang et al disclose wherein the first main component is different from the second main component (otoscope, intra-oral camera, nasal camera, anal or vagina camera, various other medical endoscopes, microscope, ECG, EEG or other physiological signal collection apparatus – [0045]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (2015/0293877) in view of Di et al (2016/0048536) as applied to claim 1 above, and further in view of Pai et al (2022/0230643).
Regarding claim 2, Liang et al as modified by Di et al disclose the invention as claimed and discussed above, but fail to explicitly disclose wherein the upstream data channel is limited to less than 500 bits per second.
However, Pai et al teaches in an analogous field of endeavor, wherein data transfer is limited to less than 500 bits per second (claim 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the upstream data channel of Liang et al as modified by Di et al with limiting to less than 500 bits per second as it would allow control of the transfer of data using well-known and conventional parameters.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (2015/0293877) in view of Di et al (2016/0048536) as applied to claim 1 above, and further in view of Langell et al (2019/0320879).
Regarding claim 3, Liang et al disclose wherein the device wireless transceiver is configured to receive settings data from the monitor wireless transceiver using an upstream data channel to the device wireless transceiver (a mobile device that is connected to the second WLAN AP can capture images from the CBU – [0022]), and wherein the device processor is configured to adjust a setting of the image sensor based on the settings data (a user interface on a mobile device to configure the wireless communication module, or other settings in the common base unit or in a sensor head – claim 13), but fail to explicitly disclose the settings include one or more of colour, contrast, gain, and/or exposure.
However, Langell et al teach in the same medical field of endeavor, wherein settings include gain and exposure ([0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the setting of Liang et al with exposure and gain as it would provide optimizing image acquisition depending on the location of the target of interest.
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (2015/0293877) in view of Di et al (2016/0048536) as applied to claim 1 above, and further in view of Amling et al (2018/0296067).
Regarding claims 5 and 7, Liang et al as modified by Di et al disclose transmitting encoded image data and settings information as claimed and discussed above, but fail to explicitly disclose wherein the encoded image data uses a format with a total number of bits, wherein a first portion of the total number of bits is used to encode the image data, and wherein the first portion of the total number of bits has fewer bits than the total number of bits as well as wherein a second portion of the total number of bits is used to embed settings information, and wherein the device wireless transceiver is configured to communicate with the monitor wireless transceiver using a radio frequency at more than 10 GHz.
However, Amling et al teach in the same medical field of endeavor, an encoded image data uses a format with a total number of bits, wherein a first portion of the total number of bits is used to encode the image data, and wherein the first portion of the total number of bits has fewer bits than the total number of bits as well as wherein a second portion of the total number of bits is used to embed settings information (control data and image data bit rates – [0129]); and wherein a device wireless transceiver is configured to communicate with the monitor wireless transceiver using a radio frequency at more than 10 GHz (a 7 GHz channel in the 60 GHz Extremely High Frequency radio band – [0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the image data and settings information of Liang et al as modified by Di et al with a first portion and second portion of the total number of bits, respectively as it would provide transmission of all of the data through the upstream channel to the monitor device.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (2015/0293877) in view of Di et al (2016/0048536) as applied to claim 1 above, and further in view of McGrail et al (9,179,831).
Regarding claim 8, Liang et al disclose wherein the medical visualization device comprises a handle (when a CBU and a sensor or imaging head is mechanically and electrically coupled into one piece with the CBU functioning as a handle – [0032]) and an insertion tube including a distal tube portion, the insertion tube extending from the handle (an endoscope imaging head with a long or flexible gooseneck cable so that the areas or objects in hard to reach places can be imaged – [0014]; fig.1(e)), wherein the view from the visualization device is a view from the distal tube portion of the insertion tube (fig.1(e)). Liang et al fail to explicitly disclose wherein the handle comprises a control button configured to receive a touch input in a first input direction, and wherein the touch input in the first input direction causes a bendable section of the insertion tube to bend in a first bending direction.
However, McGrail et al teach in the same medical field of endeavor, a handle comprises a control button configured to receive a touch input in a first input direction, and wherein the touch input in the first input direction causes a bendable section of the insertion tube to bend in a first bending direction (an exemplary steering mechanism is a gear train or guidewire. The gear train is activated by a rotary thumb switch 1040, comprising a lever 1042, which is provide to enable a user to easily actuate rotary thumb switch – col.22, ll.45-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the medical imaging device of Liang et al with the medical imaging device of McGrail et al having a control button configured to receive a touch input causing bending as it would provide steering capability of the imaging device using a routine and conventional structure.
Regarding claim 9, Liang et al disclose the medical visualization device comprising a main component comprising the image sensor and the light emitter, wherein the main component is configured for single-use (imaging head – [0007]), and the device processor and the device wireless transceiver are proxied in an auxiliary component configured to be detachably coupled to the main component (common base unit (CBU) – [0007];[0018]), wherein the auxiliary component is reusable and configured to be used with additional main components (an interchangeable sensing apparatus (ISA) comprising a common base unit (CBU), to which a sensor head from a class of sensor heads can be attached – [0007]).
Regarding claim 10, Liang et al disclose wherein the main component comprises the handle and the insertion tube (the sensor and frontend are attached to one end of a long flexible cable or gooseneck – [0017]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-14 and 16-20 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.
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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/ROCHELLE D TURCHEN/ Primary Examiner, Art Unit 3797