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 .
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 1-15 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.
Regarding claim 1, in lines 20-21, Applicant recites that the lighting devices in the array are arranged in a “substantially unchangeable” position. The term “substantially unchangeable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Moreover, on page 13, lines 1-7 of Applicant’s specification, Applicant recites that each lighting device 12 is pivotably mounted relative a holder 18, and that at least one electric motor may be provided to “displace the associated illuminant relative to the holder 18”. Thus, not only is the scope of “substantially unchangeable” unclear, Applicant appears to be contradicting the Specification which states that the lighting devices 12 are in fact changeable in their position. Examiner respectfully asks Applicant to explain the metes and bounds of the term “substantially unchangeable” and explain the apparent contradiction between the recitation in the claim that the lighting devices are substantially unchangeable with the Specification’s recitation that an electric motor may displace the lighting devices, or otherwise amend the claim accordingly. For purposes of examination, Examiner interprets the recitation as “the lighting devices in the array are arranged in a position with respect to the spatial coordinate system”. Claims 2-10 are rejected under this provision at least based on their dependency on claim 1.
Similarly, regarding claim 11, in lines 5-7, Applicant recites that some of the lighting devices in the array are arranged at a “substantially unchangeable” position. The term “substantially unchangeable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Moreover, on page 13, lines 1-7 of Applicant’s specification, Applicant recites that each lighting device 12 is pivotably mounted relative a holder 18, and that at least one electric motor may be provided to “displace the associated illuminant relative to the holder 18”. Thus, not only is the scope of “substantially unchangeable” unclear, Applicant appears to be contradicting the Specification which states that the lighting devices 12 are in fact changeable in their position. Examiner respectfully asks Applicant to explain the metes and bounds of the term “substantially unchangeable” and explain the apparent contradiction between the recitation in the claim that the lighting devices are substantially unchangeable with the Specification’s recitation that an electric motor may displace the lighting devices, or otherwise amend the claim accordingly. For purposes of examination, Examiner interprets the recitation as “the lighting devices in the array are arranged in a position with respect to the spatial coordinate system”. Claims 12-15 are rejected under this provision at least based on their dependency on claim 11.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hallack et al (US 2021/0108783).
Regarding claim 1, as best understood by Examiner, Hallack discloses an illumination device for illuminating a surgical wound, which has a wound opening area (see Fig. 1, area 90 is any desired target position, which can be a wound opening area) on surface of a body of a patient and extends into the body of the patient in a depth extension direction, wherein the illumination device comprises a control device 82 with means for inputting information about a position of the wound opening area and the depth extension direction in a spatial coordinate system (see at least paras [0035]-[0040] which describe various information inputs in communication with control device 82), wherein the illumination device has a plurality of lighting devices 170 which are each configured to emit light in a main emission direction, and which each have at least one illuminant (LED source; see para [0048]), wherein at least one of the lighting devices 170 is configured to emit light such that an area illuminated by said at least one lighting device at least partially overlaps the wound opening area 90, wherein the main emission direction of each lighting device, which has an illuminated area at least partially overlapping with the wound opening area, and the depth extension direction of the surgical wound each enclose an angle with one another whose value does not exceed a predetermined angle value (lighting devices 170 are limited by a tilt angle around rotational axis 202; see Figs. 6-7 and para [0053]; additionally the angle at which lighting devices 170 are tilted to achieve the desired directional emission can be the predetermined angle value), wherein at least those lighting devices 170 that have an illuminated area at least partially overlapping the wound opening area and whose corresponding main emission direction does not exceed a predetermined angular value with the depth extension direction of the surgical wound form an array (see Fig. 7 and array of lighting devices 170), wherein the lighting devices 170 in the array are arranged in a position with respect to the spatial coordinate system (see at least Figures 1-8 and paras [0030]-[0058]).
Regarding claim 2, the control device 82 in Hallack is configured to control only those lighting devices 170 of the illumination device that have an illuminated area at least partially overlapping the wound opening area 90 (see para [0076] which makes clear that controller 82 can selectively illuminate each light emitting device 170, thus can selectively illuminate those with a particular angular emission), which lighting devices enclose an angle between their corresponding main emission direction and the depth extension direction of the surgical wound with one another, a value of which angle does not exceed the predetermined angle value (see at least Figures 1-8 and paras [0030]-[0058]).
Regarding claim 3, the illumination device in Hallack comprises air passages (see Figs. 5-8 and passages between adjacent lighting devices 170 which allow air flow between heat sinks 200) which are configured to allow an air flow of an air-conditioning ceiling to which the illumination device is attached or in which the illumination device is integrated (see at least Figs. 5-8).
Regarding claim 4, the lighting devices 170 in Hallack can comprise illuminants emitting light of different spectra and are configured to emit light in an adjustable spectral range by mixing the light emitted by the illuminants (see at least paras [0056]-[0057]).
Regarding claim 5, the lighting devices 170 in Hallack can be set in their luminous flux (see at least para [0078]).
Regarding claim 6, the lighting devices 170 in Hallack comprise reflectors or optical lenses or optical conversion media which are configured to focus or scatter or deflect or change light spectrally (see at least paras [0048] and [0056]).
Regarding claim 7, the illumination device in Hallack comprises an adjusting device (at least 156,196) which is configured to adjust the angle between the main emission direction of at least one lighting device 170 and the depth extension direction of the surgical wound (see at least Figs. 5-8 and paras [0053]-[0054]).
Regarding claim 8, the adjusting device in Hallack comprises a camera 62 which is configured to detect regions which are located in the main emission direction of at least one lighting device 170, and a determination unit (see para [0034] and “image analyzing routine” which examines images from camera 62 such as the “location of points of interest” which can be a wound and relay information to controller for adjusting lighting devices 170) which is configured, based on the regions detected by the camera, to determine a surgical wound, wherein the adjusting device is configured to change the angle between the main emission direction of at least one lighting device 170 and the depth extension direction of the surgical wound (see at least paras [0034]-[0040]).
Regarding claim 9, the adjusting device in Hallack comprises a camera 62 which is configured to detect gestures (see at least para [0040]) which a user of the illumination device carries out, and a determination unit, or is connected thereto, which is configured to assign the gestures to predetermined operating commands, wherein the adjusting device is configured to adjust an alignment of a corresponding main emission direction of lighting devices 170 associated with the adjusting device based on the operating commands (see at least paras [0034]-[0040]).
Regarding claim 10, the adjusting device in Hallack comprises or is connected to a data interface which is configured to receive surgery data relating to a surgery to be carried out on a patient, wherein the adjusting device is configured to adjust an alignment of a corresponding main emission direction of lighting devices 170 associated with the adjusting device based on the surgery data (see at least paras [0034]-[0040]).
Regarding claim 11, Hallack discloses a method for illuminating a surgical wound, the method comprising the steps of: providing a illumination device which has a plurality of lighting devices 170 which are each configured to emit light in a main emission direction, wherein at least some of the lighting devices 170 form an array in which the lighting devices are arranged at a substantially unchangeable position relative to a spatial coordinate system, inputting information (see paras [0034]-[0040] which describe various ways of inputting information that is communicated to controller 82 to adjust the lighting devices 170) about a position of a surgical wound (see Fig. 1, area 90 is any desired target position, which can be a surgical wound opening area) in the spatial coordinate system which has a wound opening area on the surface of the body of a patient, determining a depth extension direction of the wound into the body of the patient, determining at least one lighting device 170 of the illumination device, which lighting device is configured to emit light such that an area illuminated by said at least one lighting device 170 overlaps at least partially with the wound opening area 90, and that its main emission direction encloses an angle with the depth extension direction of the surgical wound, a value of which angle does not exceed a predetermined angular value (lighting devices 170 are limited by a tilt angle around rotational axis 202; see Figs. 6-7 and para [0053]), and activating the lighting devices 170 determined in this way to illuminate the surgical wound.
Regarding claim 12, the method in Hallack further comprises setting the angle between the main emission direction of at least one lighting fixture 170 and the depth extension direction of the surgical wound by pivoting a corresponding lighting device 170 (see at least Figs. 5-8 and paras [0053]-[0054]).
Regarding claim 13, the method in Hallack further comprises changing a luminous flux or an emission spectrum of at least one of the lighting devices 170 (see at least paras [0032] and [0036]).
Regarding claim 14, the method in Hallack further comprises detecting regions that are located in the main emission direction of at least one lighting device 170 by a camera 62, determining information about the position of the surgical wound in the spatial coordinate system based on the regions detected by the camera, setting the angle between the main emission direction of at least one lighting device 170 and the depth extension direction of the surgical wound (see at least paras [0034]-[0040] and [0053]-[0054]).
Regarding claim 15, the method in Hallack further comprises: providing a data interface (see at least paras [0038]-[0039] which describes various interfaces for inputting information to control lighting devices 170) via which data are passed on to the illumination device 170, inputting surgery data, on the basis of which is a basic prediction of the position of the surgical wound in the spatial coordinate system is possible, via the data interface to adjust an alignment of a corresponding main emission direction of at least one lighting device 170 based on the surgery data (see at least paras [0034]-[0040]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P GRAMLING whose telephone number is (571)272-9082. The examiner can normally be reached Monday-Friday 8:30am-5pm EST.
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, Majeed Aziz can be reached at (571) 270-5046. 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.
/SEAN P GRAMLING/ Primary Examiner, Art Unit 2875