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 .
Status of Claims
Claims 20-39 are pending, claims 27-28 have been withdrawn from consideration, claims 1-19 have been cancelled, and claims 20-26 and 29-39 are currently under consideration for patentability under 37 CFR 1.104.
Election/Restrictions
Applicant’s election without traverse of Species 2, readable on claims 20-26 and 29-39, in the reply filed on 10/29/2025 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a wearing element” in claim 26.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 20-23, 26, 29, and 32-39 are rejected under 35 U.S.C. 103 as being unpatentable over Farr (US 2016/0073855), in view of Zhao (US 2019/0142256).
Regarding claim 20, Farr discloses a medical visualisation system (figure 1) comprising: a main device (101, figure 1); an auxiliary component (not interpreted under 112f because “auxiliary” is not functional language | broadly interpreted as a secondary component like a portable control and display unit, such as a portable display unit or a digital smart watch [0099]); and a monitor including a first housing (other portable or non portable computing and display units can be connected wirelessly or with a wired connection [0081]), a monitor wireless transceiver (wireless interfaces…WiFi, Bluetooth, etc.… [0081] | interpreted the wireless interfaces to be a wireless transceiver due to Bluetooth), a monitor processor (portable control and display unit…image processing…functionalities [0098]), and a monitor electrical connector including one or more monitor terminals (wired connection [0081] | interpreted the monitor electrical connector can be a wired connection, such as a USB connection/cable, or terminals on the cable or on the monitor for the USB cable to connect with), the main device comprising: a body (101, 103, and 105, figure 1), an image sensor (201, figure 2; CMOS sensor [0064]) supported in the body and configured to generate image data indicative of a view from the main device (imaging of a surgical site [0057]), a light emitter (202, figure 2) supported in the body and configured to illuminate the view (effective illumination…surgical site [0057]), a main electrical connector (see 106 connected to 112, figure 1 | the main electrical connector can be either the ends of 106 or the part of 112 that connects with 106) having one or more main terminals (USB cable 106 [0077] | interpreted there to be terminals for the cable 106 itself or terminals for 106 to connect to 112, figure 1), and wires extending from the body to the main electrical connector (flat electrical cables 207, figure 2 | cables 207…a control electronic board…connected through USB cable 106 [0062]), the auxiliary component comprising: an auxiliary electrical connector comprising one or more auxiliary terminals (USB cable 106 communicatively couples the portable control and display unit to [0079] | interpreted the portable control and display unit has a connector and terminals to connect it to the USB cable) configured to connect to the one or more main terminals of the main electrical connector when the auxiliary electrical connector is coupled with the main electrical connector (portable control and display unit is attached via USB cable 106 [0100]), a secondary auxiliary electrical connector having one or more secondary auxiliary terminals (other portable or non portable computing and display units can be connected wirelessly or with a wired connection [0081] | interpreted the wired connection to have an electrical connector and terminals, like connnections for a USB cable), a main device processor (portable control and display unit…image processing…functionalities [0098]) configured to receive the image data from the image sensor, a main device wireless transceiver (wireless interfaces…WiFi, Bluetooth, etc.… [0081] | interpreted the wireless interfaces to be a wireless transceiver due to Bluetooth) configured to transmit the image data to the monitor wireless transceiver using a downstream data channel ([0081]), and a battery (battery [0100]) configured to power the main device processor, the main device wireless transceiver (provides power for the unit [0100]), and, when the auxiliary electrical connector is coupled to the main electrical connector, the main device (provides power…camera and light sources [0100]), wherein the monitor electrical connector is configured to electrically couple with the main electrical connector (other portable or non portable computing and display units can be connected with a wired connection [0081] | interpreted the USB cable 106 of the main device can be connected to the other portable/non portable computing and display unit through connector used in the wired connection), wherein the monitor is configured to electrically couple with the secondary auxiliary electrical connector (other portable or non portable computing and display units can be connected with a wired connection [0081]); and wherein the monitor is configured to cause a display to present a live representation of the image data (display of endoscopic video [0019]). Farr is silent regarding the main device processor configured to encode the image data to provide encoded image data based on the image data, the main device wireless transceiver configured to transmit the encoded image data, wherein the monitor is configured to decode the encoded image data.
Zhao teaches a system (10, figure 1) with an endoscope (12, figure 1) and a wireless imaging unit (20, figure 1) capable of wireless bi-directional data communication (24, figure 1) to one or more external devices (25, figure 1). The wireless imaging unit (20, figures 8-9) has a system controller (130, figures 8-9), where the system controller has an image processing unit (142, figure 9). The image processing unit comprises a post-processing unit which encodes the stored digital images for wireless transmission ([0030]). Further, the wireless imaging unit has PCBs (120, figure 8). At least one of the PCBs include a power controller (131, figure 9). The power controller has a rechargeable battery (162, figure 9), an inductive charger (164, figure 9), and a power regulator (160, figure 9) that regulates the voltage and/or current which is supplied to the electronic components in the imaging unit ([0093]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Farr, specifically the auxiliary component, with an image processing unit (142, figure 9) and a power regulator (160, figure 9) as taught by Zhao. Doing so would encode the images for wireless transmission and regulate the voltage/current supplied within and from the auxiliary component ([0030] and [0093]). The modified system would have the main device processor configured to encode the image data to provide encoded image data based on the image data (encodes the stored digital images [0030]; Zhao), the main device wireless transceiver configured to transmit the encoded image data (encodes…wireless transmission [0030]), wherein the monitor is configured to decode the encoded image data (external devices 25…receiving data…displaying the digital images…[0073] | interpreted the encoded image data is decoded to be able to display the images).
Regarding claim 21, Farr further discloses the monitor comprises the display accommodated in the first housing (display of endoscopic video [0019]; Farr).
Regarding claim 22, Farr further discloses the monitor electrical connector comprises one or more flexible monitor wires (wired connection [0081]; Farr | interpreted a wired connection to be a USB connection or cable), wherein the one or more monitor terminals is arranged at a distal end of the one or more flexible monitor wires ([0081]; interpreted there to be USB connection or cable with terminals on itself), and wherein the one or more monitor terminals are electrically connected to the monitor processor through the one or more flexible monitor wires (wired connection…[0081] | image processing…functionalities [0098]).
Regarding claim 23, Farr further discloses the monitor electrical connector comprises a plug at a proximal end of the one or more flexible monitor wires (wired connection [0081] | interpreted a wired connection to be a USB connection or cable with a plug to connect to the monitor), and wherein the monitor comprises a socket configured to receive the plug (wired connection [0081] | interpreted a wired connection to be a USB connection or cable that can plug into socket in the monitor).
Regarding claim 26, Farr further discloses the auxiliary component comprises a wearing element (this element is interpreted under 35 USC 112f as a wristwatch | digital smart watch [0099]; Farr) configured to attach the auxiliary component to a person (watch [0099]; Farr).
Regarding claim 29, Farr and Zhao further disclose the main electrical connector comprises a safety-circuit (160, figure 9; Zhao) configured to prevent excessive current from flowing to the light emitter and/or the image sensor (regulates the current…electronic components [0093]; Zhao), and wherein the one or more main terminals are electrically connected to the light emitter and the image sensor via the safety circuit (camera and light sources…USB cable 106 [0062]; Farr | interpreted the USB cable to have terminals or be connected to terminals on the main device).
Regarding claim 32, Farr further discloses the body of the main device comprises a handle (see 108 and 111, figure 1; Farr) and an insertion cord comprising the image sensor (see 201 in 101, figure 2).
Regarding claim 33, Farr further discloses the body of the main device comprises an endotracheal tube (minimally invasive surgical procedure…larynx + voice box [0002]; Farr | the system can be used to be inserted into the trachea).
Regarding claim 34, Farr further discloses the medical visualization system further comprising an endoscope (100 is disposable [0048] | there can be another endoscope 100, figure 1; Farr), the endoscope comprising: an endoscope body including a handle (see 108 and 111, figure 1) and an insertion cord (101, 103, and 105, figure 1), the insertion cord comprising an image sensor (201, figure 2; CMOS sensor [0064]) and a light emitter, (202, figure 2) the image sensor configured to generate second image data (imaging of a surgical site [0057]), an endoscope electrical connector (see 106 connected to 112, figure 1 | the endoscope electrical connector can be either the distal end of 106 or the part of 112 that connects with 106) having one or more main terminals (USB cable 106 [0077] | interpreted there to be terminals for the cable 106 itself or terminals for 106 to connect to 112, figure 1), and wires extending from the endoscope body to the endoscope electrical connector (flat electrical cables 207, figure 2 | cables 207…a control electronic board…connected through USB cable 106 [0062]).
Regarding claim 35, Farr further discloses the endoscope electrical connector is configured to electrically couple with the auxiliary electrical connector of the auxiliary component (USB cable 106 communicatively couples the portable control and display unit to [0079]; Farr).
Regarding claim 36, Farr further discloses the main device is configured for a first clinical purpose and the endoscope is configured for a second clinical purpose different than the first medical purpose (disposable endoscope [0048]; Farr | can be used for different surgical procedures [0002]).
Regarding claim 37, Farr further discloses the image sensor of the main device is of a first image sensor type and the image sensor of the endoscope is of a second image sensor type different from the first image sensor type (disposable endoscope [0048]; Farr | vision system…higher resolution single or multiple digital sensors [0008]).
Regarding claim 38, Farr further discloses the main device is powered solely by the battery of the auxiliary component (battery…provides power for the unit [0100]).
Regarding claim 39, Farr further discloses the auxiliary component comprises a wristwatch (digital smart watch [0099]; Farr).
Claim(s) 25 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Farr (US 2016/0073855) and Zhao (US 2019/0142256) as applied to claim 20 above, and further in view of Shelton (US 2019/0200844).
Regarding claim 25, Farr and Zhao disclose all of the features in the current invention as shown above in claim 20. They are silent regarding the monitor processor is configured to perform an electronic analysis of the monitor electrical connector at predetermined intervals, and in accordance with registering a non-working condition of the monitor electrical connector, the monitor processor is configured to activate a warning indication.
Shelton teaches a computer-implemented interactive surgical system (100, figure 1) that includes one or more surgical systems (102, figure 1) and a cloud-based system (cloud 104, remote server 113, and storage device 105, figure 1). During a given surgical procedure, a large amount of data associated with the surgical procedure can be generated and captured to be communicated to a surgical hub ([0561]). When a failure event associated with the surgical procedure is detected and/or identified (0561]), a notification can be provided ([1209]). The captured data can be time-stamped either before or after being received at the surgical hub ([0561]).
It would have been obvious to modify the system, specifically the monitor processor, of Farr and Zhao to be able to monitor for failure events of different devices ([0560]) as taught by Shelton. Doing so would notify a user that a failure event has occurred ([1209]). The modified system would have the monitor processor is configured to perform an electronic analysis of the monitor electrical connector (failure event…detected [0561]; Shelton) at predetermined intervals (during a surgical procedure…time-stamped [0561]), and in accordance with registering a non-working condition of the monitor electrical connector (captured data…[0561]), the monitor processor is configured to activate a warning indication (notification…[1209]).
Regarding claim 30, Farr and Zhao disclose all of the features in the current invention as shown above in claim 20. They are silent regarding the main electrical connector comprises a device identifier indicative of device identifier information, and wherein the main device processor is configured to obtain the device identifier information from the device identifier.
Shelton teaches a computer-implemented interactive surgical system (100, figure 1) that includes one or more surgical systems (102, figure 1) and a cloud-based system (cloud 104, remote server 113, and storage device 105, figure 1). Components of the system may have an encrypted serial number and a source ID stored on an electronic chip (i.e., memory) in the component ([0627]). Upon connection of the component to a surgical hub (206, figure 9), the surgical hub may read the encrypted serial number and the source ID from the electronic chip ([0627]).
It would have been obvious to modify the main electrical connector to have a serial number and source ID stored on an electronic chip ([0627]) as taught by Shelton to be read by the main device processor of Farr and Zhao. Doing so provides control over which components are being utilized in the system by authenticating the component and/or its supplier/manufacturer ([0627]). The modified system would have the main electrical connector comprises a device identifier (serial number and source ID on an electronic chip [0627]; Shelton) indicative of device identifier information, and wherein the main device processor (control electronics and software…[0098]; Farr) is configured to obtain the device identifier information from the device identifier (connection...surgical hub…may read…[0627]; Shelton).
Regarding claim 31, Shelton further teaches the device identifier includes an electronically readable memory (electronic chip, i.e., memory [0627]; Shelton) connected to the one or more main terminals (connection…surgical hub…[0627]).
Claim(s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over Farr (US 2016/0073855) and Zhao (US 2019/0142256) as applied to claim 23 above, Farr (US 2010/0208054)
Regarding claim 24, Farr and Zhao disclose all of the features in the current invention as shown above in claim 23. They are silent regarding a sealed package enclosing the one or more flexible monitor wires and the one or more monitor terminals, and wherein the plug is arranged outside the sealed package.
Farr teaches an OE vision module (100, figure 1a) that can be housed with a disposable package or housing ([0030]). Flex circuitry can be used to provide power and control signals to the OE vision module and to transmit imaging signals to a portable control and display unit (110, figure 1a), where part of the cable (105, figure 1a) can be freely enclosed in the disposable package or housing ([0030]). Part of the cable may be outside the disposable device package ([0030]).
It would have been obvious to modify the system to have a part of the cable outside a package ([0030]) as taught by Farr. Doing so is an alternative way to package a cable ([0030]). The modified system would have a sealed package (package…[0030]; Farr 2010) enclosing the one or more flexible monitor wires and the one or more monitor terminals (cable [0030]), and wherein the plug is arranged outside the sealed package (part of the cable can be outside the package [0030]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Rodriguez-Navarro (US 2018/0296289), Ingle (US 2019/0238791), and Hoffman (US 5,450,293).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
December 13, 2025
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795