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 Amendment
The amendments to claims 14, 21, and 28 in the response filed on 04/30/2026 are acknowledged.
Claims 14-32 remain pending in the application
Claims 1-13 are cancelled.
Claims 14-32 are examined.
Response to Arguments
The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claims 14, 21, and 28 to require an orientation sensor configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented.
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0193102 to Inoue in view of U.S. Publication No. 2019/0000568 to Connolly et al. (hereinafter “Connolly”).
Regarding claim 14, Inoue discloses a computer-controlled endoscope system, comprising:
an endoscope (2, Fig. 1, [0036]) comprising a flexible tubular body (3, Fig. 1, [0036]) comprising:
a first articulating segment (4, Fig. 2, [0038]), at a distal end of the body (Fig. 2), comprising:
a camera having a field of view along a camera axis (5, Fig. 2, [0040]); and
an orientation sensor sensitive to movement along a motion axis (7b, Fig. 2, [0049], [0050]);
a second articulating segment coupled to a proximal end of the first articulating segment (7c, Fig. 2, [0049]-[0050]); and
a controller in communication with the endoscope (51, Fig. 4, [0070]) and comprising a hardware memory storing inst1uctions ([0084]) for:
analyzing an alignment between the motion axis and the camera axis ([0084]); and
steering the first and second articulating segments of the endoscope, during motion of the endoscope ([0096]), to reduce a difference between the motion axis and the camera axis ([0096]).
Fails to expressly teach a flexible tubular body comprising: at a distal end of the body, comprising: a camera having a field of view along a camera axis; and an orientation sensor configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement;
However, Connolly teaches of a computer-controlled endoscope system (100, Fig. 1, [0043]) comprising: an endoscope comprising a flexible tubular body (130, Fig. 4a, [0043]) comprising: at a distal end of the body (132, Fig. 4a, [0043]), comprising: a camera having a field of view along a camera axis (450, Fig. 4a, [0067]); and an orientation sensor (460, Fig. 4a, [0067]) configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement ([0067]- In one embodiment, the inertial sensor 460 is a 3-axis microelectromechanical systems (MEMS)-based sensor chip with an accelerometer and can be coupled near distal end 132 of the leader 130, for example, on the same printed circuit board as a camera 450, as illustrated in FIG. 4, or on a different board).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue to utilize an orientation sensor, as taught by Connolly. It would have been advantageous to make the combination for the purpose of measuring linear acceleration along the three different axes to calculate the velocity and direction of the distal end ([0067] of Connolly).
Regarding claim 19, Inoue, in view of Connolly, teaches the endoscope system of claim 14,.
Inoue, in view of Connolly, fails to expressly teach wherein the camera is located at a distal tip of the first articulating segment, and the orientation sensor is located proximally of the camera.
However, Connolly further teaches wherein the camera (450) is located at a distal tip of the first articulating segment (132) , and the orientation sensor is located proximally of the camera (460- the proximal end of 460 is located proximally to the distal end of camera 450).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue to utilize an orientation sensor, as taught by Connolly. It would have been advantageous to make the combination for the purpose of measuring linear acceleration along the three different axes to calculate the velocity and direction of the distal end ([0067] of Connolly).
Regarding claim 20, Inoue in view of Connolly, teaches the endoscope system of claim 14, and Inoue further discloses wherein communication between the endoscope and the controller is through a direct wired connection (Inoue: 51, Fig. 4, [0070]).
Claim(s) 15, 16, 21, 22, 25, 26, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue in view of Connolly and further in view of U.S. Publication No. 20190142262 to Inglis et al. (hereinafter “Inglis”).
Regarding claim 15, Inoue, in view of Connolly, teaches the endoscope system of claim 14.
Inoue, in view of Connolly, fails to expressly teach wherein the controller is a video laryngoscope.
However, Inglis teaches of an endoscope system (Inglis: 48, Fig. 2, [0061]) wherein the controller is a video laryngoscope (Inlgis: 12, Fig. 2, [0057]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly, to utilize a video laryngoscope in the manner as taught by Inglis. It would have been advantageous to make the combination for the purpose of displaying the laryngoscope image together with the endoscope image ([0062] of Inglis).
Regarding claim 16, Inoue, in view of Connolly and Inglis, teaches the endoscope system of claim 15.
Inoue, in view of Inglis, fails to expressly teach wherein the video laryngoscope further comprises a graphical user interface responsive to a user command to move the camera axis.
However, Inglis further teaches wherein the video laryngoscope further comprises a graphical user interface responsive to a user command to move the camera axis (Inglis: 22, Fig. 2, [0057]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly and Inglis, to utilize a video laryngoscope in the manner as taught by Inglis. It would have been advantageous to make the combination for the purpose of displaying the laryngoscope image together with the endoscope image ([0062] of Inglis).
Regarding claim 21, Inoue discloses an imaging system, comprising: an endoscope (2, Fig. 1, [0036]) comprising a flexible tubular body (3, Fig. 1, [0036]) comprising: a first articulating segment (4, Fig. 2, [0038]), at a distal end of the body (Fig. 2), comprising: a camera having a field of view along a camera axis (5, Fig. 2, [0040]); a second articulating segment coupled to a proximal end of the first articulating segment (7c, Fig. 2, [0049]-[0050]); performs operations comprising: analyzing an alignment between the motion axis and the camera axis during distal advancement of the endoscope ([0084]); and steering the first and second articulating segments of the endoscope, during distal advancement of the endoscope ([0096]), to reduce a difference between the motion axis and the camera axis ([0096]).
Inoue fails to expressly teach an inertial measurement unit (IMU) that generates orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement, a video laryngoscope physically coupled to and in communication with the endoscope and wherein the video laryngoscope performs operations.
However, Connolly teaches of a computer-controlled endoscope system (100, Fig. 1, [0043]) comprising: an endoscope comprising a flexible tubular body (130, Fig. 4a, [0043]) comprising: at a distal end of the body (132, Fig. 4a, [0043]), comprising: a camera having a field of view along a camera axis (450, Fig. 4a, [0067]); an inertial measurement unit (IMU) that generates orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement (460, Fig. 4a, [0067]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue to utilize an inertial measurement unit (IMU), as taught by Connolly. It would have been advantageous to make the combination for the purpose of measuring linear acceleration along the three different axes to calculate the velocity and direction of the distal end ([0067] of Connolly).
Inoue, in view of Connolly, fails to expressly teach a video laryngoscope physically coupled to and in communication with the endoscope and wherein the video laryngoscope performs operations.
However, Inglis teaches of an imaging system (Inglis: 48, Fig 2, [0061]) including a video laryngoscope (Inglis: 12, Fig. 2, [0061]) physically coupled to and in communication with the endoscope and wherein the video laryngoscope performs operations (Inglis: [0061]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly, to utilize a video laryngoscope as taught by Inglis. It would have been advantageous to make the combination for the purpose of operating the endoscope and the laryngoscope ([0061] of Inglis).
Regarding claim 22, Inoue, in view of Connolly and Inglis, teaches the imaging system of claim 21.
Inoue, in view of Connolly and Inglis, fails to expressly teach wherein the video laryngoscope further comprises a graphical user interface responsive to a user command to move the camera axis.
However, Inglis further teaches wherein the video laryngoscope further comprises a graphical user interface responsive to a user command to move the camera axis (Inglis: 22, Fig. 2, [0057]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly and Inglis, to utilize a graphical user interface, in the manner taught by Inglis. It would have been advantageous to make the combination for the purpose of displaying the image ([0057] of Inglis).
Regarding claim 25, Inoue, in view of Connolly and Inglis, teaches the imaging system of claim 21, and Inoue further teaches wherein the camera is located at a distal tip of the first articulating segment (Inoue: 5, Fig. 2, [0040]), and the orientation sensor is located proximally of the camera (Inoue: 7b, Fig. 2, [0049], [0050]).
Regarding claim 26, Inoue, in view of Connolly and Inglis, teaches the imaging system of claim 21.
Inoue, in view of Connolly and Inglis, fails to expressly teach wherein communication between the endoscope and the video laryngoscope is through a direct wired connection.
However, Inglis further teaches wherein communication between the endoscope and the video laryngoscope is through a direct wired connection (Inglis: Fig. 2).
Regarding claim 27, Inoue, in view of Connolly and Inglis, teaches the imaging system of claim 26, and Inoue further discloses wherein the operations include receiving image data from the camera (5, Fig. 2, [0040]) and orientation data from the orientation sensor (7b, Fig. 2, [0049], [0050]).
Inoue, in view of Connolly and Inglis, fails to expressly teach the video laryngoscope.
However, Inglis further teaches the video laryngoscope (Inglis: 12, Fig. 2, [0061]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue and Connolly and Inglis, to utilize a video laryngoscope as taught by Inglis. It would have been advantageous to make the combination for the purpose of operating the endoscope and the laryngoscope ([0061] of Inglis).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0193102 to Inoue and Connolly and further in view of U.S. Publication No. 2018/0296281 Yeung et al. (hereinafter “Yeung”).
Regarding claim 17, Inoue, in view of Connolly, teaches the endoscope system of claim 14.
Inoue, in view of Connolly and Inglis, fails to expressly teach wherein the instructions for analyzing the alignment comprise analyzing an optical flow of pixels from the camera during motion of the endoscope.
However, Yeung teaches of an endoscope system (Yeung: 200, Fig. 2, [0102]) wherein the instructions for analyzing the alignment comprise analyzing an optical flow of pixels from the camera during motion of the endoscope (Yeung: 1513, Fig. 15, [0212]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly and Inglis, to utilize instructions for analyzing the alignment in the manner taught by Yeung. It would have been advantageous to make the combination for the purpose of processing the image ([0212] of Yeung).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0193102 to Inoue and Connolly and further in view of U.S. Publication No. 2014/0378763 to Atarot et al. (hereinafter “Atarot”).
Regarding claim 18, Inoue, in view of Connolly, teachess the endoscope system of claim 14.
Inoue, in view of Connolly, fails to expressly teach wherein the instructions for analyzing the alignment comprise generating an alignment metric.
However, Atarot teaches of an endoscope system (Atarot: Fig. 4A) wherein the instructions for analyzing the alignment comprise generating an alignment metric (Atarot: 5010, Fig. 5, [0234]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly, to utilize instructions for analyzing the alignment in the manner taught by Atarot. It would have been advantageous to make the combination for the purpose of determining the desired direction of motion ([0234] of Atarot).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0193102 to Inoue and Connolly and U.S. Publication No. 20190142262 to Inglis et al. (hereinafter “Inglis”) and further in view of U.S. Publication No. 2018/0296281 Yeung et al. (hereinafter “Yeung”).
Regarding claim 23, Inoue, in view of Connolly and Inglis, teaches the imaging system of claim 21.
Inoue, in view of Connolly and Inglis, fails to expressly teach wherein analyzing the alignment comprises analyzing an optical flow of pixels from the camera during motion of the endoscope.
However, Yeung teaches of an endoscope system (Yeung: 200, Fig. 2, [0102]) wherein analyzing the alignment comprises analyzing an optical flow of pixels from the camera during motion of the endoscope (Yeung: 1513, Fig. 15, [0212]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly and Inglis, to utilize analyzing an optical flow of pixels as taught by Yeung. It would have been advantageous to make the combination for the purpose of processing the image ([0212] of Yeung).
Claim(s) 24, is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0193102 to Inoue and Connolly and further in view of U.S. Publication No. 20190142262 to Inglis et al. (hereinafter “Inglis”) and further in view of U.S. Publication No. 2014/0378763 to Atarot et al. (hereinafter “Atarot”).
Regarding claim 24, Inoue, in view of Connolly and Inglis, teaches the imaging system of claim 21.
Inoue, in view of Connolly and Inglis, fails to expressly teach wherein operations comprise generating an alignment metric based on the analysis of the alignment.
However, Atarot teaches of an analogous system wherein operations comprise generating an alignment metric based on the analysis of the alignment (Atarot: 5010, Fig. 5, [0234]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Connolly and Inglis, to utilize an alignment metric as taught by Atarot. It would have been advantageous to make the combination for the purpose of determining the desired direction of motion ([0234] of Atarot).
Claim(s) 28, 29, 30, 31, 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2018/0193102 to Inoue in view of U.S. Publication No. 20190142262 to Inglis et al. (hereinafter “Inglis”) and U.S. Publication No. 2014/0378763 to Atarot et al. (hereinafter “Atarot”) and U.S. Publication No. 2019/0000568 to Connolly et al (hereinafter “Connolly”).
Regarding claim 28, Inoue discloses an imaging system, comprising: an endoscope (2, Fig. 1, [0036]) comprising a flexible tubular body (3, Fig. 1, [0036]) comprising: a first articulating segment (4, Fig. 2, [0038]), at a distal end of the body (Fug. 2), comprising: a camera having a field of view along a camera axis (5, Fig. 2, [0040]); a second articulating segment coupled to a proximal end of the first articulating segment (7c, Fig. 2, [0049]-[0050]); performs operations comprising, and steering the first and second articulating segments of the endoscope, during the distal advancement of the endoscope ([0096]), to reduce a difference between the motion axis and the camera axis ([0096]).
Inoue fails to expressly teach an orientation sensor configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement, wherein the video laryngoscope performs operations comprising: receiving a motion signal, from the orientation sensor, indicating movement of the endoscope along the motion axis during distal advancement of the endoscope; and a video laryngoscope physically coupled to and in communication with the endoscope; based on the motion signal, generating an alignment metric by analyzing an alignment between the motion axis and the camera axis, wherein the alignment metric indicates a degree of alignment between the camera axis and the motion axis.
However, Inglis teaches of an imaging system (Inglis: 48, Fig 2, [0061]) including a video laryngoscope (Inglis: 12, Fig. 2, [0061]) physically coupled to and in communication with the endoscope wherein the video laryngoscope performs operations (Inglis: [0061]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue to utilize a video laryngoscope, as taught by Inglis. It would have been advantageous to make the combination for the purpose of operating the endoscope and the laryngoscope ([0061] of Inglis).
Inoue, in view of Inglis, fails to expressly teach an orientation sensor configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement, wherein the video laryngoscope performs operations comprising: receiving a motion signal, from the orientation sensor, indicating movement of the endoscope along the motion axis during distal advancement of the endoscope. based on the motion signal, generating an alignment metric by analyzing an alignment between the motion axis and the camera axis, wherein the alignment metric indicates a degree of alignment between the camera axis and the motion axis.
However, Atarot teaches of an analogous system including based on the motion signal, generating an alignment metric by analyzing an alignment between the motion axis and the camera axis (Atarot: 5010, Fig. 5, [0234]), wherein the alignment metric indicates a degree of alignment between the camera axis and the motion axis (Atarot: 5010, Fig. 5, [0234]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Inglis, to utilize an alignment metric as taught by Atarot. It would have been advantageous to make the combination for the purpose of determining the desired direction of motion ([0234] of Atarot).
Inoue, in view of Inglis and Atarot, fails to expressly teach an orientation sensor configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement, wherein the video laryngoscope performs operations comprising: receiving a motion signal, from the orientation sensor, indicating movement of the endoscope along the motion axis during distal advancement of the endoscope.
However, Connolly teaches of a computer-controlled endoscope system (Connolly: 100, Fig. 1, [0043]) comprising: an orientation sensor configured to generate orientation signals during distal advancement of the endoscope to indicate a motion axis of the distal advancement (Connolly: 460, Fig. 4a, [0067]), wherein the video laryngoscope performs operations comprising: receiving a motion signal, from the orientation sensor, indicating movement of the endoscope along the motion axis during distal advancement of the endoscope (Connolly: [0067]).
Regarding claim 29, Inoue, in view of Inglis and Atarot and Connolly, teaches the imaging system of claim 28.
Inoue, in view of Inglis and Atarot and Connolly, fails to expressly teach wherein the video laryngoscope further comprises a graphical user interface responsive to a user command to move the camera axis.
However, Inglis further teaches wherein the video laryngoscope further comprises a graphical user interface responsive to a user command to move the camera axis (Inglis: 22, Fig. 2, [0057]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Inglis and Atarot and Connolly, to utilize a GUI as taught by Inglis. It would have been advantageous to make the combination for the purpose of displaying the image ([0057] of Inglis).
Regarding claim 30, Inoue, in view of Inglis and Atarot and Connolly, teaches the imaging system of claim 28, and Inoue further teaches wherein the camera is located at a distal tip of the first articulating segment (Inoue: 5, Fig. 2, [0040]), and the orientation sensor is located proximally of the camera (Inoue: 7b, Fig. 2, [0049], [0050]).
Regarding claim 31, Inoue, in view of Inglis and Atarot and Connolly, teaches the imaging system of claim 28.
Inoue, in view of Inglis and Atarot and Connolly, fails to expressly teaches wherein the endoscope is removable from video laryngoscope.
However, Inglis further teaches wherein the endoscope is removable from video laryngoscope (Inglis: Fig. 3).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Inglis and Atarot and Connolly, to utilize a removable endoscope as taught by Inglis. It would have been advantageous to make the combination for the purpose of being portable ([0063] of Inglis).
Regarding claim 33, Inoue, in view of Inglis and Atarot and Connolly, teaches the imaging system of claim 28, and Inoue further discloses wherein steering the first and second articulating segments of the endoscope includes generating a steering signal that causes articulation of at least one of the first and second articulating segments (Inoue: [0096]).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue in view of Inglis and Atarot and Connolly and further in view of U.S. Publication No. 2018/0296281 Yeung et al. (hereinafter “Yeung”).
Regarding claim 32, Inoue, in view of Inglis and Atarot and Connolly, teaches the imaging system of claim 28.
Inoue, in view of Inglis and Atarot and Connolly, fails to expressly teach wherein analyzing the alignment comprises analyzing an optical flow of pixels from the camera during motion of the endoscope.
However, Yeung teaches of an endoscope system (Yeung: 200, Fig. 2, [0102]) wherein analyzing the alignment comprises analyzing an optical flow of pixels from the camera during motion of the endoscope (Yeung: 1513, Fig. 15, [0212]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Inoue, in view of Inglis and Atarot and Connolly, to utilize analyzing an optical flow of pixels as taught by Yeung. It would have been advantageous to make the combination for the purpose of processing the image ([0212] of Yeung).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTEN A. SHARPLESS whose telephone number is (571)272-2387. The examiner can normally be reached Monday-Tuesday 6:00 AM - 2:00 PM, and Friday 6:00 AM - 10:00 AM.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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