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
Applicants’ election of claims 1-10 without traverse is acknowledged and made final.
Claims 11-12 are withdrawn from consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/12/2024, 02/14/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation "wherein when the chest tube coupled with the photographing module is inserted into a pleural space, the photographing module photographs an inside of the pleural space and transmits the photographed image to the mobile device through a wired or wireless communication method, so that an operator monitors the inside of the pleural space regardless of location" in lines 14-17. The claim appears to claim an inserted state.
Instead, this should be recited using a linking phrase – “configured to”.
Claim 1 recites “the photographing module photographs an inside of the pleural space and transmits” in lines 14-15. Instead, this should be recited using a linking phrase – “configured to”.
Claim 1 recites “so that an operator monitors the inside of the pleural space” in lines 14-17. Instead, this should be recited as “so that operator is allowed to monitor inside the pleural space.”
Claim 7 recites “the plurality of pins is inclined.” Instead, this should be recited as the “the plurality of pins are inclined.”
Appropriate correction is required.
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 1-10 is 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.
Claim 2 recites “selectively separated” in line 2. This is unclear.
Claim 6 recites “wherein a material of the camera cover is formed of synthetic resin, rubber, and silicone.” It is unclear whether the material is a combination of all or includes one material from the group.
Appropriate correction is required.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan (US 20110295066) in view of Wilder (US 20210307597).
Regarding claim 1, Fan discloses a device (an endoscope 100; FIGS. 2, 2A-2B, annotated) for inserting a chest tube for thoracoscopy (Device can be used as thorascope; para [0024]; Also, the examiner notes that this is an intended use.), comprising:
a photographing module (CCD is positioned at a distal end of the telescope 110; FIG. 2A annotated; Para [0073]) configured to photograph an inside of a subject's body and transmit a photographed in-vivo image to an outside;
a chest tube (sheath 108; FIG. 1; para [0069]) having a rigid tube shape, wherein the photographing module is inserted and installed in the chest tube (FIGS. 2, 2A);
a guide part ( guiderails 132 where telescope 110 slides; Para [0083]) coupled to the photographing module and configured to guide the photographing module into the chest tube;
a handle module (FIG. 2, annotated ) coupled to the guide part and configured to move the guide part and photographing module;
wherein when the chest tube coupled with the photographing module (FIG. 2A-2B) is inserted into a pleural space (This is an intended use), the photographing module photographs an inside of the pleural space (CCD is positioned at a distal end of the telescope 110 and allows for imaging an inside of the pleural space; FIG. 2A annotated; Para [0073]) and transmits the photographed image to the mobile device through a wired (CCD is positioned at a distal end of the telescope 110 and allows for the transmission of data at least via wire; FIG. 2A annotated; Para [0073]; FIG. 1A; Note wires 160a, 160b for image transfer) or wireless communication method, so that an operator monitors the inside of the pleural space regardless of location (This is an intended use).
Fan does not expressly disclose a mobile device configured to receive data from the photographing module, and to search for and reproduce the in-vivo image photographed by the photographing module in real time.
Wilder is directed to oral and oropharyngeal cancer screening system (abstract) and teaches a mobile device (Mobile phones as a user device 26; FIG. 1; para [0020]-[0021]) configured to receive data (Data storage device receives data from the screening device; FIG. 1) from the photographing module, and to search (The data has access to parent or guardian which indicates that the data can be search through the storage device 28 for individual access. Also note the image data is displayed in a screen by using an app of the user device. FIG. 1) for and reproduce the in-vivo image photographed by the photographing module in real time (The system allows for accessing by user. The system is configured for real time use.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fan to include a system of mobile device and storage in accordance with the teaching of Wilder so that image data could be stored and accessed conveniently when needed.
PNG
media_image1.png
640
840
media_image1.png
Greyscale
Regarding claim 2, Fan discloses a device wherein the photographing module and guide part are selectively separated from the chest tube (Note that the telescope 110 slide within the chest tube sheath 108; FIG. 2).
Regarding claim 3, Fan discloses a device wherein the photographing module includes a photographing part (CCD is positioned at a distal end of the telescope 110; FIG. 2A annotated; Para [0073]) configured to photograph the inside of the subject's body; and
a transmitting part coupled to the photographing part and configured to receive the in-vivo image transmitted from the photographing part to transmit the in-vivo image (Light (or an electrical or other signal carrying image information) can be conveyed from the distal end of the telescope 110 to its proximal end and/or to an image processor configured to generate a user-viewable image; para [0100]; This includes a transmitting part which can be at least a wired transmitter. ) to the mobile device through the wired or wireless communication method.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan (US 20110295066) in view of Wilder (US 20210307597) and further in view of Brooks (US 20190343371).
Regarding claim 4, Fan discloses a device wherein the photographing part includes:
a camera (CCD is positioned at a distal end of the telescope 110; FIG. 2A annotated; Para [0073]) configured to photograph the inside of the subject's body.
Fan does not expressly disclose a lighting device coupled with the camera, formed in plural number and configured to emit light to illuminate the inside of the body.
Brooks is directed to borescopes (abstract) and teaches a lighting device coupled with the camera, formed in plural number (The tip may comprise at least one light source, such as one or more LEDs; Para [0014]), and configured to emit light to illuminate the inside of the body.
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 Fan to include light sources in accordance with the teaching of Brooks so that illumination could be provided for enhancing imaging at the distal end by illumination of the area.
Claim(s) 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan (US 20110295066) in view of Wilder (US 20210307597) and further in view of Vazales (US 20130023729).
Regarding claim 5, Fan does not expressly disclose wherein the photographing module includes: a camera cover that is in contact with the photographing module and is formed in a shape surrounding the photographing module; and a pin part that is provided with a plurality of pins formed in an upward direction from an outer surface of the camera cover and is in contact with the chest tube.
Vazales is directed to Systems, methods, and devices for facilitating insertion of an endotracheal tube (abstract) and teaches wherein the photographing module includes: a camera cover (centering assembly 184E for centering the distal camera; FIG. 8A, 8E, reproduced below; para [0148]-[0149]) that is in contact with the photographing module and is formed in a shape surrounding the photographing module (Note the shape of the cover, the centering assembly 184E); and a pin part (centering assembly 184E comprises sets of bristles; FIG. 8E; See 187E in FIG. 8E) that is provided with a plurality of pins formed in an upward direction from an outer surface of the camera cover and is in contact with the chest tube (See FIG. 8A for the position of the camera and centering assembly 184A, 184E with pins/bristles. The examiner notes that the claim does not claim for any hardness and metallic or non-metallic form/nature of the pins.).
PNG
media_image2.png
332
284
media_image2.png
Greyscale
PNG
media_image3.png
402
612
media_image3.png
Greyscale
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 Fan to include bristles/pins along with a camera cover in accordance with the teaching of Vazales so that the camera could be positioned in the center of the lumen of the tube (Para [0011], [0144] of Vazales) of the device.
Regarding claim 6, Fin, as modified, teaches wherein a material of the camera cover is formed of synthetic resin, rubber, and silicone (Vazales: Components are made of polyethylene, natural or synthetic polymers, silicone etc.; para [0090]).
Regarding claim 7, Fin, as modified, teaches wherein the plurality of pins are inclined to form an acute angle (Vazales: As seen from FIG. 8E) with a flow direction of fluid flowing in one direction.
Regarding claim 8, Fin, as modified, teaches wherein in the plurality of pins, a pin angle alpha forming an acute angle is formed between a tangent line parallel to a central axis of the camera cover (Vazales: As seen from FIG. 8E) while contacting the plurality of pins on an outer peripheral surface of the camera cover and the plurality of pins.
Regarding claim 9, Fin, as modified, teaches wherein when an external force is applied to the plurality of pins, the pin angle is changed by the external force, so that an inner surface of the chest tube comes into contact with the plurality of pins, and the plurality of pins and the chest tube are fixed (Vazales: This is an intended use of the centering assembly 184E; When the centering assembly is used as the camera cover inside the sheath 108, the flow of the fluid through the sheath deviates the angle of the bristles. The bristles and the camera are fixed in a central position by having the bristles in contact with the lumen surface.).
Regarding claim 10, Fin, as modified, teaches wherein the pin part is formed in plural number (Vazales: FIG. 8E), and fluid flows along a space formed by the camera cover and the plurality of pin parts (FIG. 8E).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
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.
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, Anhtuan Nguyen can be reached on 571-272-4963. 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.
/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 01/11/26