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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21, 36, is/are rejected under 35 U.S.C. 102 as being anticipated by Levy (US 20130172670).
Regarding claim 21, Levy discloses a system (FIG. 1) for providing on-demand functionality during a medical procedure comprising:
a first instrument (FIG. 3, annotated below) comprising an instrument body and an end effector, the end effector providing a first imaging functionality (End effector provides the imaging functionality by way of allowing the camera 304, 338, positioned over the end effector.);
a first accessory (FIG. 3, annotated) providing a second imaging functionality (camera 304); and
a mounting component (FIG. 3) attached to the first accessory, wherein the mounting component is attachable to and detachable from the instrument body (FIG. 3) and is configured to interact with the instrument body to removably couple the first accessory to the first instrument (First accessory is removably attached to the first instrument.) to augment the first imaging functionality with the second imaging functionality, wherein a length of the mounting component is less than a length of the instrument body (A length of the mounting component is less than a length of the instrument body. FIG. 3).
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Regarding claim 36, Levy discloses wherein the first accessory is configured to electrically couple to the first instrument through the mounting component (Recess 312 may comprise a plug and elongated section 308 may comprise a socket for electrical conectivity; Para [0051]).
Claim(s) 21, 34, 35, is/are rejected under 35 U.S.C. 102 as being anticipated by Moll (US 5305121).
Regarding claim 21, Moll system for providing on-demand functionality during a medical procedure comprising:
a first instrument comprising an instrument body (rod 17a) and an end effector (camera 15a ), the end effector providing a first imaging functionality;
a first accessory (rods 17b) providing a second imaging functionality (camera 15b); and
a mounting component (Sheath 12) attached to the first accessory (FIGS. 2, 4), wherein the mounting component is attachable to and detachable (endoscope 10 has a left support rod 17a, a right support rod 17b; FIGS. 1-2; FIG.5 depicts the cameras and rods are detachable from the sheath 12. ) from the instrument body and is configured to interact with the instrument body to removably couple the first accessory to the first instrument to augment the first imaging functionality with the second imaging functionality (Cameras 15a, 15b augment the imaging functionality of each other; FIG. 4), wherein a length of the mounting component is less than a length of the instrument body (Length of sheath 12 is less than rods 17a, 17b. FIG. 2).
Regarding claim 34, Moll discloses wherein the mounting component (Sheath 12) is fixed to the first accessory (rod 17b; FIG. 4) and enforces an alignment between the first accessory and the first instrument when the mounting component is coupled to the instrument body (Sheath 12 enforces the alignment between the rods 17b and 17b and cameras when they are inside the sheath 12. FIG. 5).
Regarding claim 35, Moll discloses wherein the first accessory includes a camera (rods 17b includes a camera 15b) and the mounting component (Sheath 12) is configured to enforce an axial alignment of the camera and the instrument body (FIG. 5).
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) 21-25, 31-34, is/are rejected under 35 U.S.C. 103 as being unpatentable over Saadat (US 20170231474) in view of Gravenstein (US 20050182297).
Regarding claim 21, Saadat discloses a system (abstract; FIGS. 15, 21A, annotated below) for providing on-demand functionality during a medical procedure comprising:
a first instrument comprising an instrument body (FIG. 21A) and an end effector (imaging assembly 1904; FIG. 21), the end effector providing a first imaging functionality;
a first accessory (FIG. 21A, annotated); and
a mounting component attached to the first accessory (FIG. 21A, annotated), wherein the mounting component is attachable to and detachable from the instrument body and is configured to interact with the instrument body to removably couple the first accessory to the first instrument, wherein a length of the mounting component is less than a length of the instrument body (FIG. 21A).
Saadat does not expressly disclose first accessory providing a second imaging functionality; augment the first imaging functionality with the second imaging functionality.
Gravenstein is directed to intubation imaging stylet (abstract) and teaches a first accessory providing a second imaging functionality (Image guide 214 provides imaging functionality); augmenting the first imaging functionality with the second imaging functionality (FIGS. 6, 8; Image guide 214 augments imaging functionality by providing another imaging functionality.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saadat to include an imaging fiber in accordance with the teaching of Gravenstein so that imaging could be enhanced by way of having additional imaging in the surgical site. For example, the first accessory may be removed as shown in FIG. 15 in Saadat and a fiber could be attached with the mounting component to provide additional imaging in the surgical site.
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Regarding claim 22, Saadat discloses a system (abstract; FIGS. 15, 21A) for providing on-demand functionality during a medical procedure comprising:
a first instrument comprising an instrument body (FIG. 21) and an end effector (imaging assembly 1904; FIG. 21), the end effector providing a first illumination functionality (imaging assembly 1904 includes light elements 1304. Para [0024], [0093]);
a first accessory (FIG. 21A, annotated); and
a mounting component attached to the first accessory (FIG. 21A, annotated), wherein the mounting component is attachable to and detachable from the instrument body and is configured to interact with the instrument body to removably couple the first accessory to the first instrument, wherein a length of the mounting component is less than a length of the instrument body (FIG. 21A).
Saadat does not expressly disclose first accessory providing a second illumination functionality; augmenting the first illumination functionality with the second illumination functionality.
Gravenstein is directed to intubation imaging stylet (abstract) and teaches a first accessory providing a second imaging functionality (Illumination fiber 215 provides illumination functionality); augmenting the first illumination functionality with the second illumination functionality (FIGS. 6, 8; Illumination fiber augments imaging functionality.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Saadat to include an illumination fiber in accordance with the teaching of Gravenstein so that imaging could be enhanced by way of having more illumination in the surgical site. For example, the first accessory may be removed as shown in FIG. 15, in Saadat, and a fiber could be attached with the mounting component to provide an enhanced illumination.
Regarding claim 23, Saadat, as modified, teaches wherein the end effector further provides a first illumination functionality (imaging assembly 1904; ring of LED light is provided for the imaging assembly; Para [0093]) and the first accessory provides a second illumination functionality (Gravenstein: Illumination fiber; FIG. 6) that augments the first illumination functionality.
Regarding claim 24, Saadat, as modified, teaches wherein the end effector further provides a first imaging functionality (Saadat: imaging assembly 1904; FIG. 21) and the first accessory provides a second imaging functionality (Gravenstein: Imaging fiber 214 augments imaging functionality.) that augments the first imaging functionality.
Regarding claim 25, Saadat, as modified, teaches wherein the end effector includes a first camera providing the first imaging functionality (imaging assembly 1904 includes a camera; FIG. 15) and the first accessory includes a second camera (Gravenstein: Imaging fiber 214 augments imaging functionality.) providing the second imaging functionality.
Regarding claim 31, Saadat discloses wherein the mounting component is configured to removably couple the first accessory to a distal end portion of the instrument body (As shown in FIG. 21A, annotated; Couplers 1406 may be a C-shaped clip allowing movement of the imaging attachment. Para [0097]).
Regarding claim 32, Saadat discloses wherein the mounting component is configured to removably couple the first accessory to the end effector (FIG. 21A annotated; Couplers 1406 may be a C-shaped clip allowing movement of the imaging attachment. Para [0097]).
Regarding claim 33, Saadat discloses wherein the mounting component includes a molded clip (Mounting component is a molded clip; Couplers 1406 may be a C-shaped clip allowing movement of the imaging attachment. Para [0097]) configured to at least partially wrap around and snap to the instrument body (FIG. 21A).
Regarding claim 34, Saadat discloses wherein the mounting component is fixed to the first accessory and enforces an alignment between the first accessory and the first instrument when the mounting component is coupled to the instrument body (As shown in the FIG, 21 annotated).
Claim(s) 21, 25-30, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekine (US 20010049509) in view of Farr (US 20080208006).
Regarding 21, Sekine discloses a system (abstract; FIG. 3 annotated) for providing on-demand functionality during a medical procedure comprising:
a first instrument comprising an instrument body and an end effector (FIG. 3);
a first accessory (Forceps 18); and
a mounting component attached to the first accessory (endoscopic guide tube 15; FIG. 3), wherein the mounting component is attachable to and detachable from the instrument body (FIG. 3) and is configured to interact with the instrument body to removably couple the first accessory to the first instrument (FIG. 3), wherein a length of the mounting component is less than a length of the instrument body (mounting component is less than a length of the instrument body; FIG. 3).
Sekine does not expressly disclose the end effector providing a first imaging functionality; a first accessory providing a second imaging functionality.
Farr is directed to providing removable and pluggable opto-electronic modules (abstract) and teaches the end effector providing a first imaging functionality (vision modules 1580; FIGS.18a-18b); a first accessory providing a second imaging functionality (vision modules 1580: FIGS. 18a-18b; para [0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sekine to include vision modules with the endoscopic guide tube of Sekine so that imaging could be enhanced in the surgical area by using the vision modules.
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Regarding claim 25, Sekine, as modified teaches wherein the end effector includes a first camera providing the first imaging functionality (Farr: vision modules 1580; 18a-18b; para [0108]) and the first accessory includes a second camera providing the second imaging functionality (Farr: vision modules 1580; FIGS.18a-18b; para [0108]; The jacketed pluggable OE vision module 1550; FIGS.16a, 16b; Para [0102]).
Regarding claim 26, Sekine, as modified teaches wherein the first camera includes a stereo camera (modules 1580 provide stereo camera function; para [0108]).
Regarding claim 27, Sekine, as modified teaches wherein the second camera includes a stereo camera (modules 1580 provide stereo camera function; para [0108]).
Regarding claim 28, Sekine, as modified teaches wherein the second camera includes a camera with back-to-back imaging lenses (The jacketed pluggable OE vision module 1550; FIGS.16a, 16b; Para [0102]; OE vision module 1550 is a 180-degree vision module.).
Regarding claim 29, Sekine, as modified teaches wherein the second camera includes a 360- degree camera (The jacketed pluggable OE vision module 1550; FIGS.16a, 16b; Para [0102]; OE vision module 1550 is a 180-degree vision module, which when flipping to the other side provides another 180 views.).
Regarding claim 30, Sekine as modified teaches wherein the first camera includes a flexible cable extendable along the instrument body (cables 1602; Note the cable in FIG. 16a).
Claim(s) 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekine (US 20010049509) in view of Farr (US 20080208006) and further in view of Nichogi (US 20160354164).
Regarding claim 37, Sekine does not expressly disclose a sensor configured to detect a status of the first accessory.
Nichogi is directed to a surgical system and teaches a sensor (Sensor group 8 that detects a position and the orientation of the stereo camera 7; para [0021]) configured to detect a status (Position and the orientation of the camera can be considered as the status.) of the first accessory.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Sekine’s device to include a sensor so that a position and orientation of the accessory/instrument could be determined and used during surgery.
Regarding claim 38, Sekine does not expressly disclose wherein the sensor is in the first accessory.
Nichogi is directed to a surgical system and teaches a sensor (Sensor group 8 that detects a position and the orientation of the stereo camera 7 which is positioned in the insertion portion 1a; FIG. 5; para [0021]) configured to detect a status of the first accessory.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sekine’s device to include a sensor in the first accessory so that the position of the first accessory could be determined and used during surgery.
Regarding claim 39, Sekine does not expressly disclose wherein the sensor is in the first instrument.
Nichogi is directed to a surgical system and teaches wherein the sensor is in the first instrument (Sensor group 8 that detects a position and the orientation of the stereo camera 7 and positioned in inserted portion; para [0021]) wherein the sensor is in the first instrument.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoon’s device to include a sensor with the first instrument so that a position of the first instrument could be determined and used during surgery.
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekine (US 20010049509) in view of Farr (US 20080208006) and further in view of Nichogi (US 20160354164) and Massetti (US 20140375784).
Regarding claim 40, Sekine does not expressly disclose wherein the sensor may be configured to detect a condition of the first accessory and wherein a displayable user interface may be determined based on the detected condition.
Massetti is directed to an image sensor system (abstract) and teaches wherein a sensor (Orientation sensor 162; FIG. 2; para [0031]) may be configured to detect a condition of the first accessory and wherein a displayable user interface (Display 142) may be determined based on the detected condition (Orientation sensor 162 moves with image sensor 150 and tracks its movement and the movement of image sensor 150 over time. Para [0027]; The movement signals are used to rotate the image on display 142 such that rotation or other orientation changes of image sensor 150 are compensated and do not result in rotation or other movement of the image on display 142. Orientation sensor or accelerometer 162 can also track its own motion and orientation and, therefore, motion and orientation of image sensor 150, relative to vertical in a standard gravitational field. Para [0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Sekine’s device to include an orientation sensor in accordance with the teaching of Massetti so that changes in the orientation of image sensor could be compensated while displaying the image received by the image sensor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
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