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 1-9 are pending and are currently under consideration for patentability under 37 CFR 1.104.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/28/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 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 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.
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) 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Phoolchund (US 2019/0269471), in view of Hwang (US 2021/0369366)
Regarding claim 1, Phoolchund discloses an endoscope (instrument 105, figure 1 | camera [0049]), comprising: a connector (400, figure 4) connected to an external device (300, figure 3 | see 500, figure 5) having a power source to receive power therefrom (502 and 505, figure 5); a power receiving part (403-405, figure 4) configured to move by receiving power from the power source; and a bendable section (articulation of the instrument [0049]) configured such that a bending motion thereof in an upward- downward direction or a left-right direction (cables…[0049] | see axes in figure 3) is controlled by a movement of the power receiving part (secured…to the interface elements…[0049]) so that the bendable section bends inside a body to move along an interior of a curved tubular organ (move relative to the shaft of the instrument [0049]), wherein the power receiving part has a protrusion (see 403-405, figure 4) exposed externally through a slot provided in a front cover of the connector (best seen in figure 4), the protrusion is connected to the external device to receive the power (transfers drive to the end effector…[0049]), wherein the connector includes a rail (rails…[0053]), and the power receiving part is coupled to the rail to reciprocally slide between a first end and a second end of the rail (slideable along a rail…[0053]) such that the protrusion is configured to move in a direction perpendicular to the direction in which the protrusion protrudes (see figure 4; [0053]) to control the bending motion of the bendable section in the upward-downward or left-right direction (transfers drive…[0049]), and the power generated by the power source is transmitted from the external device, such that a travel distance of the power receiving part is controlled (transfers drive…[0049]; rails…[0053]). Phoolchund is silent regarding a control signal generated by the endoscope is transmitted to the external device to control a rotational force of the power source.
Hwang teaches a handheld portable display controller (500, figure 3c) with a control section (502, figure 3c) and an endoscope handle (200, figure 3c) mounted on a robot support platform (600, figure 3c). The portable controller (500, figure 3c) can be connected to the endoscope handle (200, figure 3c) when it is mounted onto the robot support platform (600, figure 3c; [0058]). The portable display controller allows the user to operate the endoscope ([0037]), such as controlling the bending of the endoscope probe tip and other functional control/image capture ([0068]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the endoscope of Phoolchund to have a portable display controller (500, figure 3c) attachable to the endoscope as taught by Hwang. Doing so would provide a portable display controller that can connect directly to the handle and/or to the robotic arm of a system’s support platform ([0010]). The modified endoscope would have a control signal (controlling…[0068]; Hwang) generated by the endoscope is transmitted to the external device to control a rotational force of the power source (502 and 505, figure 5; Phoolchund | displacement is driven by a motor and lead screw arrangement…[0058]).
Regarding claim 2, Phoolchund further discloses the bendable section comprises an imaging means (interpreted under 35 USC 112f as a component in the endoscope to collect image information [0041] | camera [0049] of Phoolchund) configured to be inserted into a subject's body to collect image information. Phoolchund and Hwang are silent regarding an illumination means configured to illuminate an interior of the subject's body.
Hwang further teaches the endoscope can have optical fibers ([0044]) for conducting light from one end to another end ([0033]).
It would have been obvious to modify the endoscope of Phoolchund and Hwang to have optical fibers ([0044]) as further taught by Hwang. Doing so would provide light that is conducted from one end to another end ([0033]). The modified endoscope would have an illumination means (this element is interpreted under 35 USC 112f as a light source in the external device | optical fiber [0033] and [0044] of Hwang; interpreted there to be a light source to provide light that is conducted through the optical fiber; light from one end…[0033]) configured to illuminate an interior of the subject's body.
Regarding claim 3, Phoolchund and Hwang further disclose a controller (500, figure 3c; Hwang) configured to generate [[a]] the control signal (controlling…[0068]; Hwang), wherein the control signal generated by the controller controls the rotational force of the power source (502 and 505, figure 5; Phoolchund | displacement is driven by a motor and lead screw arrangement…[0058]).
Regarding claim 4, Phoolchund and Hwang further disclose a controller (500, figure 3c; Hwang) configured to generate [[a]] the control signal (controlling…[0068]; Hwang), wherein the control signal generated by the controller controls the travel distance of the power receiving part (502 and 505, figure 5; Phoolchund | displacement is driven by a motor and lead screw arrangement…[0058]).
Regarding claim 5, Phoolchund further discloses the power receiving part comprises a first slider and a second slider (403-405, figure 4; Phoolchund), and the control signal comprises a first control signal to control a travel distance of the first slider and a second control signal to control a travel distance of the second slider (input devices…request motion of the end effector [0050] | motor and lead screw arrangement…[0058]).
Regarding claim 6, Phoolchund further discloses the power receiving part comprises a pair of power receiving parts (403-405, figure 4; Phoolchund), wherein one of the pair of power receiving parts controls upward and downward bending of the bendable section and the other of the pair of power receiving parts controls left and right bending of the bendable section (pairs of driving elements…[0051] | interpreted the driving elements to provide L/R and U/D bending).
Regarding claim 7, Phoolchund and Hwang further disclose power generated due to the movement of the power receiving part is transmitted to the bendable section (input device…end effector [0050]; Phoolchund) through the controller (500, figure 3c; Hwang | interpreted “through the controller” to mean the controller is causing the power to be generated).
Regarding claim 8, Phoolchund further discloses the power receiving part receives power directly from the external device comprising the power source therein (see figure 6; Phoolchund | drive assembly interface elements 502-504, figure 6; [0056]).
Regarding claim 9, Phoolchund discloses an endoscope (see figure 3 | camera [0049]) comprising: an insertion tube (105, figure 1) comprising a bendable section (articulation of the instrument [0049]) configured to be inserted into a subject's body to collect image information (camera [0049]); a controller (surgeon command interface 312, figure 3) configured to generate a control signal for controlling a bending angle of the bendable section so that the bendable section bends inside a body to move along an interior of a curved tubular organ (input devices…request motion of the end effector [0050]); and a connector (400, figure 4 | 400 and 500, figures 5-6) comprising an output part configured to output the control signal (motor…electrical cables [0050] | motor…[0058]) and a power receiving part (403-405, figure 4) configured to receive external power corresponding to the control signal (motor…articulation of the end effector [0058]), wherein the power receiving part has a protrusion (see 403-405, figure 4) exposed externally through a slot provided in a front cover of the connector (best seen in figure 4), the protrusion receives the power, wherein the connector includes a rail (rails…[0053]), and the power receiving part is coupled to the rail to reciprocally slide between a first end and a second end of the rail (slideable along a rail…[0053]) such that the protrusion is configured to move in a direction perpendicular to the direction in which the protrusion protrudes (see figure 4; [0053]) to control the bending motion of the bendable section in the upward-downward or left-right direction (transfers drive…[0049]), and the power generated by the power source is transmitted from the external device, such that a travel distance of the power receiving part is controlled (transfers drive…[0049]; rails…[0053]). Phoolchund is silent regarding the control signal generated by the endoscope is transmitted to the external device to control a rotational force of the power source.
Hwang teaches a handheld portable display controller (500, figure 3c) with a control section (502, figure 3c) and an endoscope handle (200, figure 3c) mounted on a robot support platform (600, figure 3c). The portable controller (500, figure 3c) can be connected to the endoscope handle (200, figure 3c) when it is mounted onto the robot support platform (600, figure 3c; [0058]). The portable display controller allows the user to operate the endoscope ([0037]), such as controlling the bending of the endoscope probe tip and other functional control/image capture ([0068]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the endoscope, specifically the controller, of Phoolchund to have a portable display controller (500, figure 3c) attachable to the endoscope as taught by Hwang. Doing so would provide a portable display controller that can connect directly to the handle and/or to the robotic arm of a system’s support platform ([0010]). The modified endoscope would have the control signal generated by the endoscope is transmitted to the external device to control a rotational force of the power source (502 and 505, figure 5; Phoolchund | displacement is driven by a motor and lead screw arrangement…[0058]).
Conclusion
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
August 8, 2025
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795