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 .
Election/Restrictions
Claim 9-13 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/11/2026.
Applicant’s election without traverse of invention 1, claims 1-8, 14-19 in the reply filed on 5/11/2026 is acknowledged.
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.
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) 1-8, 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 11424027 B2) in view of Hua (US 20150238071 A1).
Regarding claim 1, Shelton teaches A laparoscopic system comprising:
an access port (fig. 371, element 72010, col. 478, ln. 20-52, trocar 72010) including a magnet operably coupled to a portion of the access port (col. 478m, ln. 20-52, The trocar can comprise a sensor, such as a Hall Effect sensor, for example, attached to, or near, the distal end of the trocar); and
a laparoscope (fig. 372, element 72020, col. 478, ln. 20-52, clip applier 72020) configured to be inserted through the access port to access a surgical site, the laparoscope including:
a magnetic sensor ( col. 478, ln. 20-52, The clip applier further comprises a detectable element, such as a magnet, for example, positioned in the end effector of the clip applier) operably coupled to the camera module and configured to cause the camera module to switch from operating in the first mode to operating in the second mode when the magnetic sensor is positioned in proximity to the magnet of the access port ( col. 478, ln. 20-52, The sensing system is in signal communication with the control system of the clip applier via a wireless signal transmitter in the trocar and a wireless signal receiver in the clip applier. It is contemplated to effect a change in an end effector as a result of sensing via a Hall Effect sensor by a control system).
Shelton does not explicitly teach a camera module configured to capture video of the surgical site and switchable between a first mode and a second mode;
However, Hua teaches a camera module (fig. 1, element 16a, [0030], primary sensor 16a) configured to capture video of the surgical site and switchable between a first mode and a second mode ([0030], In the wide-angle mode, the primary sensor 16a will image the entire surgical field with a wide FOV and relatively low spatial resolution, providing a "stadium view", equivalent to those of a standard laparoscope, illustrated in FIG. 10A, where the FOV in this figure shows a target 180 mm away from the distal end 12a. In the high-magnification mode, the secondary sensor 18a will image a sub-region of the stadium view in FIG. 10A (shown within a square box in FIG. 10A), which we call the "foveated" field, at high resolution to visualize more detailed structure for surgical treatment, as illustrated in FIG. 10B.);
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elongate device of Shelton to include a 2-mode imager as taught in Hua in order to identify regions for high-resolution imaging (Hua [0030]).
Regarding claim 2, Shelton in view of Hua teaches The laparoscopic system of claim 1,
Further, Shelton teaches wherein a proximal portion of the access port defines a proximal opening configured to receive a distal portion of the laparoscope therethrough (fig. 372, element 72010, trocar 72010 has a proximal end).
Regarding claim 3, Shelton in view of Hua teaches The laparoscopic system of claim 2,
Further, Shelton teaches wherein the magnet is a ring magnet defining an opening aligned with the proximal opening of the access port (col. 478, ln. 20-52, The magnet in the end effector of the clip applier and the Hall Effect sensor on the distal end of the trocar are included in the sensing system).
Regarding claim 4, Shelton in view of Hua teaches The laparoscopic system of claim 1,
Further, Shelton teaches wherein the magnetic sensor includes at least one of a reed switch or a hall effect sensor (col. 478, ln. 20-52 The trocar can comprise a sensor, such as a Hall Effect sensor, for example).
Regarding claim 5, Shelton in view of Hua teaches The laparoscopic system of claim 1,
Further, Shelton teaches wherein the magnetic sensor is operably coupled to a distal portion of the laparoscope and the magnet is disposed at a proximal portion of the access port, such that the magnetic sensor is configured to cause the camera module to switch from operating in the first mode to operating in the second mode upon insertion of the distal portion of the laparoscope through the proximal portion of the access port (col. 478, ln. 20-52, The magnet in the end effector of the clip applier and the Hall Effect sensor on the distal end of the trocar are included in the sensing system. It is contemplated to effect a change in an end effector as a result of sensing via a Hall Effect sensor by a control system).
Regarding claim 6, Shelton in view of Hua teaches The laparoscopic system of claim 1,
Further, Hua teaches wherein the camera module is configured to capture video when in the second mode and not capture video when in the first mode ([0072], By simply clicking the "start" button, the program turns on the two cameras or imaging sensors 16a and 18a, or clicking the "STOP" button to turn off the cameras, the device could be used in such a way that capturing video is only started by an operator in the second mode).
Regarding claim 7, Shelton in view of Hua teaches The laparoscopic system of claim 1,
Further, Hua teaches wherein the camera module is configured to transmit captured video when in the second mode and not transmit captured video when in the first mode ([0072], By simply clicking the "start" button, the program turns on the two cameras or imaging sensors 16a and 18a, or clicking the "STOP" button to turn off the cameras, the device could be used in such a way that capturing video is only started by an operator in the second mode).
Regarding claim 8, Shelton in view of Hua teaches The laparoscopic system of claim 1,
Further, Hua teaches wherein the camera module is configured to transmit video in a first resolution when in the second mode and transmit video in a second resolution when in the first mode, the first resolution being higher than the second resolution ([0030], In the wide-angle mode, the primary sensor 16a will image the entire surgical field with a wide FOV and relatively low spatial resolution, providing a "stadium view", equivalent to those of a standard laparoscope, illustrated in FIG. 10A, where the FOV in this figure shows a target 180 mm away from the distal end 12a. In the high-magnification mode, the secondary sensor 18a will image a sub-region of the stadium view in FIG. 10A (shown within a square box in FIG. 10A), which we call the "foveated" field, at high resolution to visualize more detailed structure for surgical treatment).
Regarding claim 14, Shelton teaches A laparoscope comprising:
at least one of:
a magnetic sensor ( col. 478, ln. 20-52, The clip applier further comprises a detectable element, such as a magnet, for example, positioned in the end effector of the clip applier) operably coupled to the camera module and configured to cause the camera module to switch from operating in the first mode to operating in the second mode when the magnetic sensor is positioned in proximity to a magnet of an access port;
or a light sensor operably coupled to the camera module and an optical fiber operably coupled to the light sensor, wherein the light sensor is configured to cause the camera module to switch between operating in the first mode and operating in the second mode based on an amount light to which the light sensor is exposed;
Shelton does not explicitly teach a camera module configured to capture video of a surgical site and switchable between a first mode and a second mode; and
wherein the camera module is configured to at least one of:
capture video when in the second mode and not capture video when in the first mode;
transmit captured video when in the second mode and not transmit captured video when in the first mode;
transmit video in a first resolution when in the second mode and transmit video in a second resolution when in the first mode, the first resolution being higher than the second resolution; or
stop a recording of the captured video when switched from the second mode of operation to the first mode of operation.
However, Hua teaches a camera module (fig. 1, element 16a, [0030], primary sensor 16a) configured to capture video of a surgical site and switchable between a first mode and a second mode ([0030], In the wide-angle mode, the primary sensor 16a will image the entire surgical field with a wide FOV and relatively low spatial resolution, providing a "stadium view", equivalent to those of a standard laparoscope, illustrated in FIG. 10A, where the FOV in this figure shows a target 180 mm away from the distal end 12a. In the high-magnification mode, the secondary sensor 18a will image a sub-region of the stadium view in FIG. 10A (shown within a square box in FIG. 10A); and
wherein the camera module is configured to at least one of:
capture video when in the second mode and not capture video when in the first mode;
transmit captured video when in the second mode and not transmit captured video when in the first mode;
transmit video in a first resolution when in the second mode and transmit video in a second resolution when in the first mode, the first resolution being higher than the second resolution ([0032] Thus, in reference to FIGS. 10A and 10B, the control signal can cause the foveated view in FIG. 10B to be moved to a different location within the stadium view in FIG. 10A, and in fact to any desired location within the stadium view in FIG. 10A.); or
stop a recording of the captured video when switched from the second mode of operation to the first mode of operation.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elongate device of Shelton to include a 2-mode imager as taught in Hua in order to identify regions for high-resolution imaging (Hua [0030]).
Regarding claim 15, Shelton in view of Hua teaches The laparoscope of claim 14,
Further, Shelton teaches wherein a distal portion of the laparoscope is configured to extend through a ring magnet of an access port to expose the magnetic sensor to a magnetic field of the ring magnet (col. 478, ln. 20-52, The magnet in the end effector of the clip applier and the Hall Effect sensor on the distal end of the trocar are included in the sensing system).
Regarding claim 16, Shelton in view of Hua teaches The laparoscope of claim 14,
Further, Shelton teaches wherein the magnetic sensor includes at least one of a reed switch or a hall effect sensor (col. 478, ln. 20-52 The trocar can comprise a sensor, such as a Hall Effect sensor, for example).
Regarding claim 17, Shelton in view of Hua teaches The laparoscope of claim 14,
However, the rejection of claim 14 does not rely upon the limitation embodiment wherein a light sensor is recited, hence claim 17 is rejected for dependency upon claim 14.
Regarding claim 18, Shelton in view of Hua teaches The laparoscope of claim 14,
However, the rejection of claim 14 does not rely upon the limitation embodiment wherein an optical fiber is recited, hence claim 18 is rejected for dependency upon claim 14.
Regarding claim 19, Shelton in view of Hua teaches The laparoscope of claim 14,
Further, Hua teaches wherein the camera module operates in the first mode until it is switched to the second mode ([0032] Thus, in reference to FIGS. 10A and 10B, the control signal can cause the foveated view in FIG. 10B to be moved to a different location within the stadium view in FIG. 10A, and in fact to any desired location within the stadium view in FIG. 10A.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights