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
The amendment filed on 04/08/2026 has been entered. Claims 1-10 are pending. Applicant’s amendment to the claims have overcome 112 rejections and objections previously set forth in the Non-Final Office Action notified on 1/14/2026.
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) 1-4 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 Vazales (US 20130023729) and Ikuta (US 20200154985).
Regarding claim 1, Fan discloses a system (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.), the system comprising:
a photographing module (CCD is positioned at a distal end of the telescope 110; FIG. 2A annotated; Para [0073]) configured to capture image data and transmit the image data;
a chest tube (sheath 108; FIG. 1; para [0069]) having a rigid tube shape, wherein the photographing module is disposed 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 the photographing module; and wherein the system is configured to display the in-vivo image of a pleural space concurrently with insertion of the chest tube (Telescope with a CCD at the distal end is configured to display the in-vivo image of a pleural space concurrently with insertion of the chest tube. FIG. 2).
Fan does not expressly disclose the chest tube being transparent, and a mobile device configured to receive the image data from the photographing module and display an in-vivo image based on the image data, wherein the photographing module is communicatively coupled to the mobile device via a wired or wireless communication link; and
wherein the photographing module includes a plurality of lighting devices coupled on an outer surface of the photographing module, the plurality of lighting devices being configured to emit light through the chest tube to allow displaying of the in-vivo image concurrently with the insertion of the chest tube.
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 the image data from the photographing module, and display an in-vivo image based on the image data (image data is displayed in a screen by using an app of the user device. FIG. 1), wherein the photographing module is communicatively coupled to the mobile device via a wired or wireless communication link (The communication between the mobile device and module is wired or wireless; FIG.1; Para [0021]).
Vazales is directed to a system for facilitating insertion of an endotracheal tube (abstract) and teaches wherein the photographing module includes a plurality of lighting devices (plurality of fibers are positioned proximate to the distal ends of imaging fibers; claim 58; FIG. 2C) coupled on an outer surface of the photographing module, the plurality of lighting devices being configured to emit light through the chest tube to allow displaying of the in-vivo image concurrently with the insertion of the chest tube.
Ikuta is directed to an endoscopic probe (abstract) and teaches an inner tube that is transparent (the inner sheath 160 is transparent for the second illumination light 242 and the second detection light 244. FIG. 3; Para [0058]).
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 mobile device in accordance with the teaching of Wilder so that imaging data could be received from the imaging device and stored for further processing. Further, it would have been obvious to further modify Fan to include a plurality of lighting devices so that illumination could be enhanced by way of having a plurality of lighting devices. Further, it would have been obvious to further modify Fan to have a transparent inner sheath in accordance with the teaching of Ikuta so that area around the camera could be visible during surgery.
PNG
media_image1.png
640
840
media_image1.png
Greyscale
Regarding claim 2, Fan teaches wherein the photographing module and the guide part (guiderails 132 where telescope 110 slides; Para [0083]) are removably disposed in the chest tube (As shown in FIG. 2A, guiderails 132 and sheath 108 are removably disposed in the chest tube.).
Regarding claim 3, Fan discloses wherein the photographing module further includes: a photographing part (CCD is positioned at a distal end of the telescope 110; FIG. 2A annotated; Para [0073]) configured to photograph an inside of subject's body; and a transmitting part coupled to the photographing part and configured to receive the image data (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.) transmitted from the photographing part to transmit the image data to the mobile device through the wired or wireless communication link.
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.
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) and Ikuta (US 20200154985).
Regarding claim 5, Fan does not expressly disclose wherein the photographing module further includes: a camera cover surrounding at least a portion of the photographing module; and a plurality of pins extending outwardly from an outer surface of the camera cover, wherein the plurality of pins is configured to engage with an inner surface of 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 further includes: a camera cover (centering assembly 184E for centering the distal camera; FIG. 8A, 8E, reproduced below; para [0148]-[0149]) surrounding at least a portion of the photographing module; and a plurality of pins (centering assembly 184E comprises sets of bristles; FIG. 8E; See 187E in FIG. 8E) extending outwardly from an outer surface of the camera cover, wherein the plurality of pins are configured to engage with an inner surface of 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, Fan, as modified, teaches wherein the camera cover comprises synthetic resin, rubber, and silicone (Vazales: Components are made of polyethylene, natural or synthetic polymers, silicone etc.; para [0090]).
Regarding claim 7, Fan, as modified, teaches wherein the plurality of pins are configured to be inclined an acute angle relative to a longitudinal axis of the photographing module (Vazales: As seen from FIG. 8E).
Regarding claim 8, Fan, as modified, teaches wherein the acute angle is defined between each of the plurality of pins and a line parallel to a central axis of the camera cover (Vazales: As seen from FIG. 8E).
Regarding claim 9, Fan, as modified, teaches wherein when an external force is applied to the plurality of pins, the acute 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, Fan, as modified, teaches wherein the camera cover and the plurality of pins
Response to Arguments
Applicant’s arguments submitted on 04/08/2026 have been fully considered and are persuasive. Therefore, the rejection dated 01/14/2026 have been withdrawn. However, upon further consideration, a new rejection has been made in view of amendment.
Newly cited art Ikuta (US 20200154985) teaches a transparent sheath (the inner sheath 160 is transparent). Vazales (US 20130023729) teaches a plurality of lighting devices (a plurality of fibers is positioned proximate to the distal ends of imaging fibers; claim 58; FIG. 2C). Accordingly, a new rejection has been made. See rejection set forth above.
Accordingly, applicant’s arguments are not persuasive at this time.
Conclusion
THIS ACTION IS MADE FINAL. 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 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 5/8/26
Prosecution Insights