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 and Argument
Applicant’s amendment and argument with respect to pending claims 1-14 and 16-20 filed on 12/17/2025 have been fully considered but the argument has been rendered moot in view of a new ground(s) of rejection necessitated by the amendment of the independent claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 3 and 4 there is insufficient antecedent basis for “the case” in the limitation.
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 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.
Claims 1, 2, 4, 6, 9, 14, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over “Operation Microscope Quality Optics” Inami Ophthalmic Instruments hereinafter referred to as Inami L-0940SD series in view of Cortinovis et al. (Pub. No. US 2005/0090730 A1), Hasser et al. (US 20070167702 A1) and DiMaio et al. (US 20130245375 A1).
Regarding claim 1, Inami L-0940SD series teaches a portable surgical visualization system comprising: a camera (page 4: a camera) configured to capture live feed images (page 4: “Pixel Filer” software for displaying live view image); viewing equipment configured to receive and display the captured live feed images (page 4: See the eye image displayed using “Pixel Filer” software configured to obtain and display a live view image. See also the attached screenshot from Facebook video live view button using the “Pixel Filer” software);
Inami L-0940SD series fail to teach the feature of wherein the viewing equipment includes a visor upon which the captured live feed images are displayed; a processor in communication with the camera and the viewing equipment that includes a user interface; a tele-surgery system configured to enable remote viewing of a surgical procedure and remote guidance to a surgical visualization kit user from one or more remote users who provide voice, video and illustrative feedback, wherein the tele-surgery system is configured to receive illustrative guidance from one or more remote users and present the illustrative guidance to the user via the visor in conjunction with the live feed images.
However, Cortinovis discloses the viewing equipment includes a visor upon which the captured live feed images are displayed (Figs. 1-4, HMD 104/254, ¶0028-Video images obtained by camera module 108 in real time are processed and fed to HMD 104); a processor in communication with the camera and the viewing equipment that includes a user interface (¶0026- Interface Processing Unit (IPU) 102 includes a Central Processing Unit (CPU) with an internal memory device 120, a flash memory device 122, a camera control unit 124…an On Screen Display (OSD) unit 148 for each HMD connected to the system, a HMD driver 136, a HMD inverting driver 138).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD series to include the feature of viewing equipment includes a visor upon which the captured live feed images are displayed and a processor in communication with the camera and the viewing equipment that includes a user interface, as taught by Cortinovis for enabling an operator to perform a surgical procedure without having to remove his eyes from the operating field (Cortinovis: abstract).
Hasser teaches a tele-surgery system configured to enable remote viewing of a surgical procedure and remote guidance to a surgical visualization kit user from one or more remote users who provide voice, video and illustrative feedback (¶0033: FIG. 1 illustrates, as an example, a medical robotic system 100 providing three-dimensional telestration. ¶0041: voice communications between the Operating Surgeon (S), Mentor Surgeon (M) and one or more Assistants (A). ¶0051-0053: The Mentor Surgeon (M) may then draw a telestration graphic on the surface of the touch screen 313 …The surgeon computer 302 then processes the telestration graphic input received from the expert computer 312 so that a 3D view of the telestration graphic input may be displayed as an overlay to a 3D view of its corresponding anatomical structure in the 3D display 303), wherein the tele-surgery system is configured to receive illustrative guidance from one or more remote users and present the illustrative guidance to the user ¶0051-0053: The Mentor Surgeon (M) may then draw a telestration graphic on the surface of the touch screen 313 …The surgeon computer 302 then processes the telestration graphic input received from the expert computer 312 so that a 3D view of the telestration graphic input may be displayed as an overlay to a 3D view of its corresponding anatomical structure in the 3D display 303).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Inami L-0940SD by utilizing the teaching of Hasser in order to obtain a remote surgical procedure monitoring method (Hasser:¶0016).
Furthermore, DiMaio discloses a teleoperated surgical system which includes head mounted displays or visors (¶0110, 0131).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD in view of Hasser by incorporating the teaching of DiMaio in order to obtain a surgical visualization system that provides a freedom of movement to the user of the system.
Regarding claim 2, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teach the system of claim 1. Additionally, Inami L-0940SD series further teaches a collapsible stand that supports the camera, wherein the stand is configured for releasable assembly and disassembly (Page 4: assembled L-0940SDS microscope. See the assembly instruction video for L-0940SD on Facebook URL https://www.facebook.com/inami.japan/videos/L-0940SDsd-inami-portable-operation-microscope/10150152180420888/).
Furthermore, Cortinovis discloses wherein the viewing equipment is located remote from the stand and camera (See Fig. 4A, HMD worn by the user 600 is located remote from the stand 410 and the camera module 430). The motivation statement set forth above with respect to claim 1 applies here.
Regarding claim 4, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 2. Additionally, Inami L-0940SD series further discloses wherein the stand integral to the case (page 4: “L-0940SD can be securely contained in a high quality lockable carrying casing”).
Regarding claim 6, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 2. Additionally, Inami L-0940SD series further discloses wherein the stand is configured to position the camera along three orthogonal axes and to rotate the camera about the three orthogonal axes (Inami L-0940SD microscope with built-in camera is configured to rotate at various rotation axes. See a video on Facebook URL https://www.facebook.com/inami.japan/videos/L-0940SDsd-inami-portable-operation-microscope/10150152180420888/).
Regarding claim 9, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 1. Cortinovis further discloses wherein the camera is a three-dimensional camera (¶0027- a stereoscopic camera) with voice activated zoom and positioning (¶0028- The instructions transmitted by the operator controller unit via the operator controller interface unit 132 can include focusing the cameras 114, changing the zoom values... Camera control unit 124 and camera convergence unit 126 sends the required set of instructions to the cameras 114 and the convergence system 116 for execution. ¶0027- The cameras 114 are interconnected by a convergence system 116 allowing them to be adjusted in respect to each other. ¶0029-Operator (not shown) using system 1 can use input device 220 is instruct CPU 230 of IPU 200 to perform certain operations. Command date can be fed to IPU 200 by touch, pointing device dick, finger tap, voice, or by any other suitable means suitable for a human operator). The motivation statement set forth above with respect to claim 1 applies here.
Regarding claim 14, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 1. Additionally, Inami L-0940SD series discloses a base that supports a stand that supports the camera, wherein the base is stable and balanced when the camera and stand rotate about three orthogonal axes (Page 4: a stand with a clamp base. See the Facebook video, a microscope with a stable and balanced stand: URL https://www.facebook.com/inami.japan/videos/L-0940SDsd-inami-portable-operation-microscope/10150152180420888/), wherein a case is also configured to house the base (Inami L-0940SD’s case is configured to house the base. See Facebook video: URL https://www.facebook.com/inami.japan/videos/L-0940SDsd-inami-portable-operation-microscope/10150152180420888/ ).
Regarding claim 16, Inami L-0940SD series in view of Cortinovis, Hasser and Blanco teaches the system of claim 1. Cortinovis further discloses the portable surgical visualization system of claim 1, wherein the camera is a three-dimensional (3D) stereo camera (¶0007, 0027- a stereoscopic camera). The motivation statement set forth above with respect to claim 1 applies here.
Regarding claim 17, Inami L-0940SD series in view of Cortinovis , Hasser and DiMaio teaches the system of claim 1. Cortinovis further discloses portable surgical visualization system of claim 1, wherein the camera has voice activated zoom and positioning (¶0029- The instructions transmitted by the operator controller unit via the operator controller interface unit 132 can include focusing the cameras 114, changing the zoom values…Operator (not shown) using system 1 can use input device 220 to instruct CPU 230 of IPU 200 to perform certain operations. Command data can be fed to IPU 200 by touch, pointing device dick, finger tap, voice, or by any other suitable means suitable for a human operator). The motivation statement set forth above with respect to claim 1 applies here. Regarding claim 18, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 1. Cortinovis further discloses wherein the camera comprises pairs of cameras digitally coupled to produce a 3D stereo effect (Fig. 1, ¶0026-0027: video cameras 114 generating stereoscopic view). The motivation statement set forth above with respect to claim 1 applies here.
Regarding claim 19, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 1. Cortinovis further discloses wherein the pairs of cameras are used with movable lenses to create different levels of magnification and focus (¶0028: focusing cameras 114, changing zoom values). Note that Lenses used to create focusing and magnification common knowledge. The motivation statement set forth above with respect to claim 1 applies here.
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inami L-0940SD series in view of Cortinovis et al. (Pub. No. US 2005/0090730 A1), Hasser et al. (US 20070167702 A1) and DiMaio et al. (US 20130245375 A1) as applied to claim 1, and further in view of Cohen et al. (Pub. No. US 20130317335 A1).
Regarding claim 3, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio do not teach wherein the stand is attached to the case and extends therefrom in operation of the viewing equipment.
However, Cohen discloses wherein the stand (Figs. 10-16, element 220/228) attached to the case (element 202) and extends therefrom in operation of the viewing equipment (¶0027: Fig. 15, a use position).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio by incorporating the teaching of Cohen for providing a transportation means for the medical device (Cohen: ¶0002).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inami L-0940SD series in view of Cortinovis et al. (Pub. No. US 2005/0090730 A1), Hasser et al. (US 20070167702 A1) , DiMaio et al. (US 20130245375 A1) as applied to claim 1, and further in view of “Tether Tools StrapMoore” available on Amazon.com in 2012 https://www.amazon.com/Tether-Tools-SSMRST-StrapMoore/dp/B007E4VL26/ref=pd_sbs_1?pd_rd_w=GcFL2&pf_rd_p=ed1e2146-ecfe-435e-b3b5-d79fa072fd58&pf_rd_r=KFZQ2CR1YVJYT8EBJ5Z0&pd_rd_r=89528cc4-80de-43c9-91bd-5adc72088cfe&pd_rd_wg=iuN9r&pd_rd_i=B007E4VL26&psc=1 , and Blanco (US 6,454,097 B1).
Regarding claim 5, Inami L-0940SD series in view of Cortinovis, Hasser and Blanco teach the system of claim 1. Inami L-0940SD series teaches a collapsible stand that supports the camera (Page 4: assembled L-0940SDS microscope. See the assembly instruction video for L-0940SD on Facebook URL https://www.facebook.com/inami.japan/videos/L-0940SDsd-inami-portable-operation-microscope/10150152180420888/);
Cortinovis further discloses a light source (Fig. 4A, ¶0040- lighting apparatus 426), and wherein the stand is further configured to support the light source (support 410).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD series to include a light source, wherein the stand further configured to support the light source at taught by Cortinovis for providing an illumination means for the camera module.
Inami L-0940SD series in view of Cortinovis and Blanco is silent regarding a battery.
However, Tether Tools StrapMoore discloses a battery pack attached to a tripod (See pages 1-4 of Tether Tools StrapMoore document).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD series in view of Cortinovis to include a battery as taught by Tether Tools StrapMoore, for powering the light source or the camera.
Furthermore, Blanco (col. 6, lines 31-39) discloses a first aid kit comprising a case having a dimension of about 335mm (13.2 inches) x328mm (12.9inches) xll8mm (4.6inches). Thus, Blanco teaches the limitation a case configured to house the camera, the viewing equipment, and the processor, and the stand, wherein the case is further configured to house the battery, the stand, and the light source. Note that this interpretation is consistent with the disclosure of the current application (para. [0044]) stating the case is dimensioned to enable the surgical system to comply with carry-on luggage requirements on commercial airline flights, e.g., having dimensions of approximately 22"x l4"x9" or less. Moreover, it should be noted that any carry-on luggage complying with a commercial airline flight requirement meets the above limitation of claim 5.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective time of the invention to modify Inami L-0940SD series in view of Hasser, DiMaio Cortinovis to include a case configured to house the camera, the viewing equipment, the processor, and the stand, as taught by Blanco, in order to transport the medical device during medical emergency situation (Blanco: col. 1, lines 4-8).
Claims 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inami L-0940SD series in view of Cortinovis et al. (Pub. No. US 2005/0090730 A1), Hasser et al. (US 20070167702 A1) and DiMaio et al. (US 20130245375 A1) as applied to claim 2, and further in view of Hoppl et al. (PN 3,637,233).
Regarding claim 7, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 1. Additionally, Inami L-0940SD series further discloses wherein the stand comprises: a base (See Inami L-0940SD image reproduced and annotated below, “1”); a first arm configured for attachment to the base (“2”); a second arm configured for attachment to the camera (“4’); and -18-BIO-P001-US-02 a rotatable elbow joint coupled between the first and second arms (“3”).
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Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio is silent regarding wherein at least one of the first and second arms is a telescoping arm.
However, Hoppl teaches wherein at least one of the first and second arms is a telescoping arm (col. 2, lines 1-2: an adjustable support column 13 comprising two telescopically connected members).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio to include wherein at least one of the first and second arms is a telescoping arm as taught by Hoppl for adjusting the support with certain prescribed limit (col. 2, lines 6-10).
Regarding claim 8, Inami L-0940SD series in view of Cortinovis, Hasser, DiMaio and Hoppl teaches the system of claim 7. Additionally, Inami L-0940SD series discloses wherein the base (See Inami L-0940SD image reproduced and annotated above “1”), the first arm (“2”), the second arm (“4”), and the rotatable elbow (“3”) joint are each configured for releasable assembly (Inami L-0940SD each are configured for releasable assembly. See L-0940SD assembly video on Facebook: URL https://www.facebook.com/inami.japan/videos/L-0940SDsd-inami-portable-operation-microscope/10150152180420888/).
Claim 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inami L-0940SD series in view of Cortinovis et al. (Pub. No. US 2005/0090730 A1), Hasser et al. (US 20070167702 A1) , DiMaio et al. (US 20130245375 A1) as applied to claim 1, and further in view of Blanco (US 6,454,097 B1).
Regarding claims 10-13, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio teaches the system of claim 1. Blanco further teaches wherein the case is dimensioned to comply with commercial airline carry-on luggage requirement, wherein the dimensions are 22 inches or lessx14 inches or lessx9 inches or less, wherein the camera, viewing equipment, and processor are configured to fit within the dimensions of a 22 inches or lessx14 inches or lessx9 inches or less volume, wherein the case includes a total volume of 2,772 cubic inches or less (col. 6, lines 31-39: a case having a dimension of about 335mm (13.2 inches) x328mm (12.9inches) xll8mm (4.6inches). Blanco (col. 6, lines 31-39) discloses a first aid kit comprising a case having a dimension of about 335mm (13.2 inches) x328mm (12.9inches) xll8mm (4.6inches). Thus, Blanco teaches the limitation a case configured to house the camera, the viewing equipment, and the processor, wherein the case is further configured to house the battery, the stand, and the light source. Note that this interpretation is consistent with the disclosure of the current application (para. [0044]) stating the case is dimensioned to enable the surgical system to comply with carry-on luggage requirements on commercial airline flights, e.g., having dimensions of approximately 22"x l4"x9" or less. Moreover, it should be noted that any carry-on luggage complying with a commercial airline flight requirement meets the above limitation of claims 10-13.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective time of the invention to modify Inami L-0940SD series in view of Hasser, DiMaio Cortinovis to include a case configured to house the camera, the viewing equipment, the processor, as taught by Blanco, in order to transport the medical device during medical emergency situation (Blanco: col. 1, lines 4-8).
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inami L-0940SD series in view of Cortinovis et al. (Pub. No. US 2005/0090730 A1), Hasser et al. (US 20070167702 A1) and DiMaio et al. (US 20130245375 A1) as applied to claim 1, and further in view of Myers et al. (US 20230141727 A1).
Note: the current application filed on 11/27/2023 claims the benefit of CIP of 17/336,519 06/02/2021 which is a CIP of 16/828,686 03/24/2020 ABN which is a CON of 15/309,962 11/09/2016 (PAT. 10,595,716) which is a 371 of PCT/US15/29888 05/08/2015 which claims benefit of 61/990,938 filed on 05/09/2014. However, the subject matter claimed in claim 20 was not described in the cited in the related applications. Thus, Mayers et al. filed on 10/07/2022 qualifies as a prior art.
Regarding claim 20, Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio do not teach wherein the pairs of cameras comprise unmovable lenses having different magnification levels.
However, Myers disclose wherein the pairs of cameras comprise unmovable lenses having different magnification levels (¶0087: a first stereoscopic lens set and a second stereoscopic lens set each associated with a different fixed magnification level).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Inami L-0940SD series in view of Cortinovis, Hasser and DiMaio by incorporating the teaching of Mayer in order to enable the different fields-of-view of the target surgical site to be interchanged and displayed on the display monitors almost instantly (Myers: ¶0085).
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.
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/NATHNAEL AYNALEM/Primary Examiner, Art Unit 2488