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 Arguments
Applicant's arguments filed 08/11/2025 have been fully considered but they are not persuasive.
Applicant argues that neither Inglis nor Eggli disclose an external display as now recited in claims 1 and 9. The Office respectfully disagrees. Paragraph [0068] of Inglis discloses remote medical devices or full-screen monitors that receive the live streams via wireless communication.
Applicant argues that neither Inglis nor Eggli disclose that the laryngoscope comprises “a laryngoscope wireless video transmitter for receiving the laryngoscope video stream from the laryngoscope video camera and transmitting a laryngoscope wireless video broadcast”. The Office respectfully disagrees. Paragraph [0058] discloses that the laryngoscope itself may have wireless capability to receive/transmit signals from the laryngoscope components, e.g. camera. In addition, paragraph [0068] discloses wireless communication of the visualization instrument ref. 48, which is part of the laryngoscope display, to other devices. Thus both receiving the video feed/images and transmitting to other devices.
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) 1 – 7 and 9 - 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inglis et al. (US 2019/0142262 A1) in view of Eggli et al. (US 2018/0338675 A1).
Regarding claim 1, Inglis discloses an intubation system (Abstract) comprising:
an endoscope (paragraph [0061], ref. 50, Fig. 2) comprising:
an endoscope video camera (ref. 55) and at least one light source (ref. 94, paragraph [0070] discloses lights on the endoscope) at a distal end (the light source would be on the distal end to illuminate the target tissue site), the endoscope video camera generating an endoscope video stream (Fig. 14);
a laryngoscope (ref. 12) comprising:
a laryngoscope video camera for generating a laryngoscope video stream (ref. 30); and
a button (Fig. 14 shows buttons on the display screen ref. 56 in addition to paragraph [0078] which discloses buttons to control the inputs and displays); and
a display adapter configured to receive the endoscope video stream and the laryngoscope video stream and to supply the video stream to an external display that is external of the laryngoscope (paragraph [0068] discloses remote medical monitors which communicate with the live streams via a wireless communication),
wherein the button provides user selection of which of the laryngoscope video stream, and the endoscope video stream, or both video stream to supply from the display adaptor to the external display (paragraph [0078]).
Inglis discloses a light source, but is silent that the light source is a diode.
Eggli teaches an analogous system (Abstract) comprising a light emitting diode (paragraph [0039]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Inglis with the light emitting diode, as taught by Eggli, for the purpose of better energy efficiency.
Regarding claim 2, Inglis in view of Eggli discloses the intubation system of claim 1, wherein the endoscope further comprises an endoscope wireless video transmitter on the proximal end for receiving the endoscope video stream from the endoscope video camera and transmitting an endoscope wireless video broadcast (Inglis, paragraph [0086] discloses wireless capabilities).
Regarding claim 3, Inglis in view of Eggli discloses the intubation system of claim 1, wherein the laryngoscope further comprises a laryngoscope wireless video transmitter for receiving the laryngoscope video stream from the laryngoscope video camera and transmitting a laryngoscope wireless video broadcast (Inglis, paragraph [0073]).
Regarding claim 4, Inglis in view of Eggli discloses the intubation system of claim 2, wherein the laryngoscope further comprises a receiver for receiving the endoscope wireless video broadcast (Inglis, ref. 80, paragraph [0068]).
Regarding claim 5, Inglis in view of Eggli discloses the intubation system of claim 1, wherein the laryngoscope further comprises a laryngoscope display for displaying at least the laryngoscope video stream (Inglis, Fig. 10).
Regarding claim 6, Inglis in view of Eggli discloses the intubation system of claim 5, wherein the button provides user selection of which of the laryngoscope video stream and the endoscope video stream to display on the laryngoscope display (Inglis, paragraph [0078]).
Regarding claim 7, Inglis in view of Eggli discloses the intubation system of claim 1 and further comprising an intubation tube having a hollow passageway for receiving the endoscope (Inglis, paragraph [0065]).
Regarding claim 9, Inglis discloses an intubation system (Abstract) comprising:
an endoscope comprising:
an endoscope video camera (ref. 92) and at least one light source (ref. 94) at a distal end (ref. 54, the camera and light will be located at a distal end to capture images of the target area); and
an endoscope wireless video transmitter on a proximal end for receiving an endoscope video stream from the endoscope video camera and transmitting an endoscope wireless video broadcast (paragraph [0086]);
a laryngoscope (ref. 12) comprising:
a laryngoscope video camera (paragraph [0058], ref. 30);
a laryngoscope wireless video transmitter for receiving a laryngoscope video stream from the laryngoscope video camera and transmitting a laryngoscope wireless video broadcast (paragraph [0058]); and
a display adapter configured to receive at least one of the endoscope wireless video broadcast and the laryngoscope wireless video broadcast and to supply the video stream transmitted within the wireless video broadcasts to an external display that is external to the laryngoscope (paragraph [0068] discloses remote medical monitors which communicate with the live streams via a wireless communication).
Inglis discloses a light source, but is silent that the light source is a diode.
Eggli teaches an analogous system (Abstract) comprising a light emitting diode (paragraph [0039]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Inglis with the llight emitting diode, as taught by Eggli, for the purpose of better energy efficiency.
Regarding claim 10, Inglis in view of Eggli discloses intubation system of claim 9, wherein the laryngoscope further comprises a button for user selection of which of the laryngoscope video stream and the endoscope video stream to supply from the display adaptor to the external display (Inglis, paragraphs [0068, 78]).
Regarding claim 11, Inglis in view of Eggli discloses the intubation system of claim 9, wherein the laryngoscope further comprises a receiver for receiving the endoscope wireless video broadcast (Inglis, ref. 80, paragraph [0068]).
Regarding claim 12, Inglis in view of Eggli discloses the intubation system of claim 9, wherein the laryngoscope further comprises a laryngoscope display for displaying at least the laryngoscope video stream (Inglis, Fig. 10).
Regarding claim 13, Inglis in view of Eggli discloses the intubation system of claim 12, wherein the laryngoscope further comprises a button for user selection of which of the laryngoscope video stream and the endoscope video stream to display on the laryngoscope display (Inglis, paragraph [0078]).
Regarding claim 14, Inglis in view of Eggli discloses the intubation system of claim 9 and further comprising an intubation tube having a hollow passageway for receiving the endoscope (Inglis, paragraph [0053]).
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 TESSA M MATTHEWS whose telephone number is (571)272-8817. The examiner can normally be reached M - F 8am - 1pm.
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/TESSA M MATTHEWS/Examiner, Art Unit 3773
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