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 .
Status of the Application
Claims 1-15 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 05/24/2024 has/have been taken into account.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 6, 8-9, and 14 are objected to because of the following informalities:
Claim 6 recites “the plane”. This should read “the common plane” (emphasis added).
Claim 14 recites “said second mating interface part”. This should read “said second interface part” (emphasis added).
Claims 8-9 and 14 each recite “is/are assigned”. This should read “has/have” or “comprises/comprise”.
Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1-6, 10, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller et al. (US 2021/0177539).
In regards to Claim 1, Mueller discloses a digital stereo image display device comprising: a holding arm (Mueller: Fig. 6-7; 8, 9) having a proximal end for attachment to a mount (Mueller: Fig. 6-7; 7) for an optical system with a digital image recording device (Mueller: Fig. 6-7; 5); said holding arm further having a distal end where two digital eyepieces (Mueller: Fig. 6-7; 6) are disposed and configured to display images captured by the digital image recording device from two different viewing angles; and, an interface part (Mueller: Annotated Fig. 6; P1) of a quick release interface (Mueller: Annotated Fig. 6; Q) for releasable attachment to the mount being present at said proximal end.
In regards to Claim 2, Mueller discloses the stereo image display device of claim 1, wherein said holding arm (Mueller: Fig. 6-7; 6) includes at least one joint (Mueller: Annotated Fig. 6; J1) between said proximal end and said distal end.
In regards to Claim 3, Mueller discloses the stereo image display device of claim 2, wherein said two digital eyepieces (Mueller: Fig. 6-7; 6) are each positively guided in a plane.
In regards to Claim 4, Mueller discloses the stereo image display device of claim 2, wherein said at least one joint (Mueller: Annotated Fig. 6; J1) defines a joint axis such that a distal partial arm (Mueller: Annotated Fig. 6; A1) adjoining said distal end is pivotable in a common plane vis-à-vis a proximal partial arm (Mueller: Annotated Fig. 6; A2) adjoining said proximal end.
In regards to Claim 5, Mueller discloses the stereo image display device of claim 2, wherein said at least one joint (Mueller: Annotated Fig. 6; J1) defines a joint axis such that a distal partial arm (Mueller: Annotated Fig. 6; A1) adjoining said distal end is pivotable in a first plane arranged parallel to a second plane in which a proximal partial arm (Mueller: Annotated Fig. 6; A2) adjoining said proximal end is pivotable.
In regards to Claim 6, Mueller discloses the stereo image display device of claim 4, wherein said holding arm includes a further joint (Mueller: Annotated Fig. 6; J2) disposed at least at one of said proximal partial arm and said distal partial arm, said at least one further joint allowing further pivoting of the two digital eyepieces (Mueller: Fig. 6-7; 6) in the plane.
In regards to Claim 10, Mueller discloses the stereo image display device of claim 1, wherein the quick release interface (Mueller: Annotated Fig. 6; Q) forms an interlocking connection in a coupled state.
In regards to Claim 13, Mueller discloses a system comprising: a mount (Mueller: Fig. 6-7; 7); a digital stereo image display device having a holding arm (Mueller: Fig. 6-7; 8, 9) having a proximal end for attachment to said mount for an optical system with a digital image recording device (Mueller: Fig. 6-7; 5); said holding arm further having a distal end where two digital eyepieces (Mueller: Fig. 6-7; 6) are disposed and configured to display images captured by the digital image recording device from two different viewing angles; said digital stereo image display device further having a first interface part (Mueller: Annotated Fig. 6; P1) of a quick release interface for releasable attachment to said mount being disposed at said proximal end; and, said mount having a second interface part (Mueller: Annotated Fig. 6; P2) of the quick release interface, wherein said second interface part is configured to mate with said first interface part of the digital stereo image display device.
In regards to Claim 15, Mueller discloses a digital surgical microscope comprising: a digital image recording device (Mueller: Fig. 6-7; 5); a system including a mount (Mueller: Fig. 6-7; 7) and a digital stereo image display device (Mueller: Fig. 6-7; 6, 8, 9); said digital stereo image display device having a holding arm (Mueller: Fig. 6-7; 8, 9) having a proximal end for attachment to said mount for an optical system with said digital image recording device; said holding arm further having a distal end where two digital eyepieces (Mueller: Fig. 6-7; 6) are disposed and configured to display images captured by the digital image recording device from two different viewing angles; said digital stereo image display device further having a first interface part (Mueller: Annotated Fig. 6; P1) of a quick release interface for releasable attachment to said mount being disposed at said proximal end; and, said mount having a second interface part (Mueller: Annotated Fig. 6; P2) of the quick release interface, wherein said second interface part is configured to mate with said first interface part of the digital stereo image display device.
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.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al. (US 2021/0177539) in view of Piontkowski (US 7,207,531).
In regards to Claim 7, Mueller discloses the stereo image display device of claim 1, wherein said holding arm (Mueller: Fig. 6-7; 8, 9) is multi-part.
Mueller fails to disclose a holding arm that is telescopic. However, Piontkowski teaches a holding arm (Piontkowski: Fig. 2; 21) that is telescopic.
Mueller and Piontkowski are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports; and adjustably supporting optical devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an arm segment in Mueller to be telescopic as taught by Piontkowski, with a reasonable expectation of success, in order to provide a means of adjusting a length of a portion of the arm and fixing it in place, thereby enabling a user to better position and fix the eyepieces relative to their head in a desired position (Piontkowski: Col. 2, Ln. 29-35).
In regards to Claim 8, Mueller discloses the stereo image display device of claim 2, but fails to disclose said at least one joint is assigned a releasable locking mechanism.
However, Piontkowski teaches at least one joint that is assigned a releasable locking mechanism (Piontkowski: Fig. 2, 4; 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the joints in in Mueller to be telescopic as taught by Piontkowski, with a reasonable expectation of success, in order to provide a means of holding respective pivotal joints once adjusted, thereby enabling a user to fix the eyepieces relative to their head in a desired position (Piontkowski: Col. 2, Ln. 29-35).
In regards to Claim 9, Mueller discloses the stereo image display device of claim 6, but fails to disclose at least one of said at least one joint and said at least one further joint are assigned a releasable locking mechanism.
However, Piontkowski taches at least one of at least one joint and said at least one further joint are assigned a releasable locking mechanism (Piontkowski: Fig. 2, 4; 22, 23). [Note: See the rejection of claim 8 for motivation and/or rationale.]
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al. (US 2021/0177539) in view of Clark et al. (US 7,729,646).
In regards to Claim 11, Mueller discloses the stereo image display device of claim 10, wherein said quick release interface (Mueller: Annotated Fig. 6; Q) is a dovetail joint.
Mueller fails to disclose a releasable latching device. However, Clark teaches a dovetail joint (Mueller: Fig. 8-9; 86, 88, 126, 128) with a releasable latching device (Mueller: Fig. 8-9; 172, 176, 180).
Mueller and Clark are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports; and adjustably supporting optical devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dovetail joint in Mueller with the latching device from Clark, with a reasonable expectation of success, in order to provide a means of releasably securing the interface in a specific position, enabling a user to have a fixed desired position while also being able to quickly place it into a freely movable state, thereby improving the utility of the device (Clark: Col. 7, Ln. 23-68; Col. 8, Ln. 1-9).
In regards to Claim 14, Mueller discloses the system of claim 13, but fails to disclose said second mating interface part of the mount is assigned a securing device for additionally securing the quick release interface when coupled.
However, Clark teaches a second mating interface part (Mueller: Fig. 8-9; 86, 88) of a mount that is assigned a securing device (Mueller: Fig. 8-9; 176, 180) for additionally securing a quick release interface when coupled. [Note: See the rejection of claim 11 for motivation and/or rationale.]
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al. (US 2021/0177539) in view of Brunner et al. (US 2004/0036962).
In regards to Claim 12, Mueller discloses the stereo image display device of claim 1, but fails to disclose said interface part includes a plurality of electrical contacts and is configured to establish a data connection with at least one of the image recording device and a control computer coupled to the image recording device when said quick release interface is closed.
However, Brunner teaches an interface part (Brunner: Fig. 1; 9, 12, 22) that includes a plurality of electrical contacts (Brunner: Fig. 1; 9, 12) and is configured to establish a data connection with at least one of an image recording device (Brunner: Fig. 1; 4-6) and a control computer coupled to the image recording device.
Mueller and Brunner are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports; and adjustably supporting optical devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the interface in Mueller with the control unit and contacts from Brunner, with a reasonable expectation of success, in order to provide a specific means of delivering stereoscopic images to the displays of each eyepiece that can also accommodate position adjustment of the eyepieces (Brunner: [0034]-[0036]), thereby ensuring that the displays remain operational regardless of their positioning.
Annotated Figures
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I: Mueller: Fig. 6 (Detail)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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/Taylor Morris/Primary Examiner, Art Unit 3631