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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2024 and 06/06/2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the claim reads “an electronic module connected to the multi-angle imaging platform, the electronic module configured to receive the digital image from the imaging device”. However, there is in sufficient antecedent basis for the term “the multi-angle imaging platform”. Therefore, it is unclear what is being referred to by this term. For the sake of examination, the examiner will be interpreting this “multi-angle imaging platform” to be the same as the “multi-angle device” recited in the preamble of the claim. Should this assumption be correct, the examiner would recommend updating the claim language accordingly.
Regarding claims 2-12, due to their dependence on claim 1, these claims are subject to the reasoning provided therein. Additionally, these claims do not provide further clarification regarding the “multi-angle imaging platform”. Therefore, these claims are also rejected under 35 U.S.C. 112(b).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,048,418 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because they both relate to 1) multi-angle imaging devices containing an outer barrel, inner barrel contained within an elongate shaft, an imaging device, an electronic module and a display and 2) multi-angle imaging devices comprising an outer barrel, an inner barrel contained within an elongate shaft, an imaging device and a multi-angle platform.
The following chart is a comparison of the claims.
18/786,840
US 12,048,418 B2
1.A multi-angle imaging device comprising: an outer barrel and an inner barrel, the inner barrel being slidably retained within the outer barrel, the inner barrel and the outer barrel contained within an elongate shaft; an imaging device connected at a distal end of the elongate shaft, the imaging device configured to generate a digital image; a flexible printed circuit board (PCB) operably attached to the inner barrel, configured such that movement of the inner barrel causes movement of the flexible printed PCB and rotation of the imaging device; an electronic module connected to the multi-angle imaging platform, the electronic module configured to receive the digital image from the imaging device; and a display operatively coupled to the electronic module, the display configured to present the digital image from the imaging device.
1. A multi-angle imaging device comprising: an outer barrel and an inner barrel, the inner barrel being retained in, and rearwardly movable within the outer barrel, the inner barrel and the outer barrel contained within an elongate shaft; an imaging device configured to rotate about a longitudinal axis of the elongate shaft by rotating the outer barrel; the imaging device operably attached to a distal end of the outer barrel, configured such that rearward movement of the inner barrel with respect to the outer barrel causes movement of the imaging device about a camera module mounting axis that is perpendicular to the axis of the elongate shaft and adjusts a viewing angle of the imaging device; an electronic module configured to receive a digital image from the imaging device; and a display operatively coupled to the electronic module, the display configured to present the digital image from the imaging device.
2. The multi-angle imaging device of claim 1, further comprising a camera angle activator pivotally positioned at a distal end of the inner barrel and configured to control rotation of the imaging device.
2. The multi-angle imaging device of claim 1, further comprising a camera angle activator pivotally connecting a distal end of the inner barrel to the imaging device and configured to control rotation of the imaging device.
3. The multi-angle imaging device of claim 1, wherein the imaging device comprises at least one of a lens system, an imager, a camera imager, and an ultrasound probe.
3. The multi-angle imaging device of claim 1, wherein the imaging device comprises at least one of a lens system, an imager, a camera imager, and an ultrasound probe.
4. The multi-angle imaging device of claim 1, wherein the elongate shaft is configured with a transparent dome cap at the distal end.
4. The multi-angle imaging device of claim 1, wherein the elongate shaft is configured with a transparent dome cap at the distal end.
5. The multi-angle imaging device of claim 1, further comprising a light pipe concentrically surrounding the imaging device.
5. The multi-angle imaging device of claim 1, further comprising a light pipe concentrically surrounding the imaging device.
6. The multi-angle imaging device of claim 5, having one or more LED lights positioned proximally to the light pipe to illuminate an area of interest.
6. The multi-angle imaging device of claim 5, having one or more LED lights positioned proximally to the light pipe to illuminate an area of interest.
7. The multi-angle imaging device of claim 1, wherein the outer barrel comprises a skewed end.
7. The multi-angle imaging device of claim 1, wherein the outer barrel comprises a skewed end.
8. The multi-angle imaging device of claim 7, further comprising a multi-angle platform housing the imaging device, the multi-angle platform comprising an outer lip configured to engage with a skewed end of the outer barrel to cause rotation of the multi-angle platform.
8. The multi-angle imaging device of claim 7 wherein the multi-angle imaging platform comprises an outer lip configured to engage with a skewed end of the outer barrel to cause rotation of the multi-angle imaging platform.
9. The multi-angle imaging device of claim 8, further comprising a handle positioned at a proximal end of the elongate shaft configured with at least one of a pivot lever and a pivot handle.
9. The multi-angle imaging device of claim 8, further comprising a handle positioned at a proximal end of the elongate shaft configured with at least one of a pivot lever and a pivot handle.
10. The multi-angle imaging device of claim 9, wherein the pivot lever is configured to urge the inner barrel to extend distally from the outer barrel thereby causing the multi-angle platform to rotate.
10. The multi-angle imaging device of claim 9, wherein the pivot lever is configured to urge the inner barrel to extend distally from the outer barrel thereby causing the multi-angle platform to rotate.
11. The multi-angle imaging device of claim 10, wherein the pivot lever is configured with regularly spaced detents.
11. The multi-angle imaging device of claim 10, wherein the pivot lever is configured with regularly spaced detents.
12. The multi-angle imaging device of claim 9, wherein the pivot handle is configured to cause rotation of the outer barrel about a barrel axis up to at least 360°.
12. The multi-angle imaging device of claim 9, wherein the pivot handle is configured to cause rotation of the outer barrel about a barrel axis up to at least 360°.
13. A multi-angle imaging device comprising: an outer barrel and an inner barrel, the inner barrel being slidably retained within the outer barrel, the inner barrel and the outer barrel contained within a rigid elongate shaft; an imaging device connected at a distal end of the elongate shaft, the imaging device configured to generate a digital image; and a multi-angle platform housing the imaging device, the multi-angle platform comprising an outer lip configured to engage with a skewed end of the outer barrel to cause rotation of the multi-angle platform.
13. A multi-angle imaging device comprising: an outer barrel and an inner barrel, the inner barrel being slidably retained in, and rearwardly movable within the outer barrel, the inner barrel and the outer barrel contained within a rigid elongate shaft; an imaging device hingedly connected to a distal end of the inner barrel, the imaging device configured to: rotate about a longitudinal axis of the elongate shaft by rotating the outer barrel, move about a camera module mounting axis that is perpendicular to the axis of the elongate shaft when the inner barrel rearwardly moves with respect to the outer barrel, and generate a digital image; and a multi-angle platform housing the imaging device, the multi-angle platform comprising an outer lip configured to engage with a skewed end of the outer barrel to cause rotation of the multi-angle platform.
14. The multi-angle imaging device of claim 13, further comprising a flexible printed circuit board (PCB) operably attached to the inner barrel, wherein movement of the inner barrel is configured to cause movement of the flexible printed PCB and rotation of the imaging device.
14. The multi-angle imaging device of claim 13, further comprising a flexible printed circuit board (PCB) operably attached to the inner barrel, wherein movement of the inner barrel is configured to cause movement of the flexible printed PCB and rotation of the imaging device.
15. The multi-angle imaging device of claim 13, further comprising a spring housed within the inner barrel.
15. The multi-angle imaging device of claim 13, further comprising a spring housed within the inner barrel.
16. The multi-angle imaging device of claim 13, further comprising a ball joint housed within the inner barrel.
16. The multi-angle imaging device of claim 13, further comprising a ball joint housed within the inner barrel.
17. The multi-angle imaging device of claim 13, further comprising a handle positioned at a proximal end of the elongate shaft, the handle configured with at least one of a pivot lever and a pivot handle.
17. The multi-angle imaging device of claim 13, further comprising a handle positioned at a proximal end of the elongate shaft, the handle configured with at least one of a pivot lever and a pivot handle.
18. The multi-angle imaging device of claim 17, wherein the pivot lever is configured to urge the inner barrel to extend distally from the outer barrel thereby causing the multi-angle platform to rotate.
18. The multi-angle imaging device of claim 17, wherein the pivot lever is configured to urge the inner barrel to extend distally from the outer barrel thereby causing the multi-angle platform to rotate.
19. The multi-angle imaging device of claim 18, wherein the pivot lever is configured with regularly spaced detents.
19. The multi-angle imaging device of claim 18, wherein the pivot lever is configured with regularly spaced detents.
20. The multi-angle imaging device of claim 17, wherein the pivot handle is in mechanical communication with the outer barrel and is configured to rotate the outer barrel about a barrel axis up to at least 360°.
20. The multi-angle imaging device of claim 17, wherein the pivot handle is in mechanical communication with the outer barrel and is configured to rotate the outer barrel about a barrel axis up to at least 360°.
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.
(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) 1-10, 12-14, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hopkins, Jr. US 2017/0325671 A1 “Hopkins”.
Regarding claims 1 and 13, Hopkins teaches “A multi-angle imaging device comprising:” (Claims 1 and 13) (“Referring to FIG. 1, an instrument 100 employing an articulating image sensor assembly […] a distal end portion 106” [0028] and “The articulating arrangement for the embodiments shown in FIGS. 2-6 includes the first articulating structure comprising inner tube 201 which is mounted for rotation within instrument shaft 101 and thus allows image sensor assembly 202 to be rotated about longitudinal axis L of shaft distal end portion 106” [0032]. Therefore, since the imaging sensor assembly 202 is rotated about longitudinal axis L, the instrument 100 constitutes a multi-angle imaging device.);
“an outer barrel and an inner barrel, the inner barrel being slidably retained within the outer barrel, the inner barrel and the outer barrel contained within an elongate shaft” (Claim 1) and “an outer barrel and an inner barrel, the inner barrel being slidably retained within the outer barrel, the inner barrel and the outer barrel contained within a rigid elongate shaft” (Claim 13) (“[…] the present invention includes an elongate shaft 101 and a handle 102” [0028]; “This particular embodiment includes an inner tube 201 that extends the entire length of instrument shaft 101 to handle 102 shown in FIG. 1. This inner tube 201 […] defines a first articulation structure […] which allow the image sensor assembly shown generally at 202 to be rotated […]” [0030]; “Image sensor assembly 202 also includes […] cover 206 to an objective lens assembly having a cylindrical sleeve 210” [0031]. As shown in FIG. 2, the cylindrical sleeve 210 (i.e. inner barrel) is located within the inner tube 201 (i.e. outer barrel), both of which are located within the elongate shaft 101 (i.e. rigid elongate shaft). Therefore, since the inner tube 201 (i.e. outer barrel) allows the image sensor assembly 202 (i.e. contained in the cylindrical sleeve 210/inner barrel) to rotate and both of these structures are included in the elongate shaft 101, the device includes an outer barrel and an inner barrel, the inner barrel being slidably retained within the outer barrel and the inner barrel and the outer barrel contained within an elongate shaft (i.e. rigid elongate shaft).);
“an imaging device connected at a distal end of the elongate shaft, the imaging device configured to generate a digital image” (Claims 1 and 13) (“Image sensor assembly 202 shown in FIGS. 2-6 […] an imaging device 105 which in this case may comprise, for example, a charge coupled device (“CCD”)” [0031]. As shown in FIG. 2, the image sensor assembly is included within the distal end portion 106. Therefore, the image sensor assembly 202 constitutes an imaging device connected at a distal end of the elongate shaft; the imaging device configured to generate a digital image.);
“a flexible printed circuit board (PCB) operably attached to the inner barrel, configured such that the movement of the inner barrel causes movement of the flexible printed PCB and rotation of the imaging device” (Claim 1) (“Image sensor assembly 202 shown in FIGS. 2-6 includes a printed circuit board (“PCB”) 204 on which is mounted an imaging device 105 […] each lateral side support includes fore and aft projections, 214 and 215, respectively, on each lateral side of image sensor assembly 202 (as indicated particularly in FIGS. 3 and 4). These projections 214 and 215 cooperate with a track structure described below to facilitate articulation about a lateral articulation axis T1 shown in FIGS. 2 and 5” [0031]. As shown in FIG. 3, the fore and aft projections 214, 215 are attached to the PCB 204 to facilitate articulation. Therefore, the PCB 204 constitutes a flexible printed circuit board (PCB) operably attached to the inner barrel (i.e. cylindrical sleeve 210), configured such that the movement of the inner barrel causes movement of the flexible printed PCB and rotation of the imaging device.);
“an electronic module connected to the multi-angle imaging platform, the electronic module configured to receive the digital image from the imaging device” (Claim 1) (“Also, data signals from such an imaging device may be communicated through appropriate conduits within shaft 101 and handle 102 to cable 108. These data signals may be communicated though cable 108 to processing equipment (not shown)” [0029]. Therefore, since the processing equipment receives the data signals from the imaging device through cable 108, the processing equipment constitutes an electronic module connected to the multi-angle imaging platform (i.e. the imaging device), the electronic module configured to receive the digital image from the imaging device.);
“a multi-angle platform housing the imaging device, the multi-angle platform comprising an outer lip configured to engage with a skewed end of the outer barrel to cause rotation of the multi-angle platform” (Claim 13) (“The first articulating structure in some implementations of an imaging apparatus according to the invention may comprise an elongated tube adapted to be positioned within the distal end portion of the instrument shaft with the longitudinal axis of the tube aligning with the longitudinal axis of the distal end portion of the instrument shaft” [0012] and “As shown in FIG. 3, track 219 includes a transverse section 221, a longitudinal section 222, a curved section 223 connecting the transverse and longitudinal sections, and an inclined section 224 at a bottom end of the longitudinal section. […] this arrangement of tracks 218 and 219 and first and second lateral side support structures comprising fore and aft projections 214 and 215 allows image sensor assembly 202 to be moved within the instrument distal end portion 106 so that the assembly pivots about the lateral articulation axis T1 shown in FIGS. 2 and 5” [0032]. In this case, the track 219 constitutes the first articulating structure which is configured to be positioned in the distal end portion of the instrument shaft to align the imaging device 205 at positions along the longitudinal axis of the device. As shown in FIG. 3, the imaging device 205 is aligned with the imaging axis I (i.e. aligned parallel to the longitudinal axis L) and FIG. 6 shows the imaging device 205 being aligned with the imaging axis I (i.e. aligned perpendicular to the longitudinal axis L). In this case, the curved section 223 of the track 219 causes the imaging device 205 to be positioned at a skewed angle relative to the inner tube 201 (i.e. the outer barrel). Therefore, the first articulating structure (i.e. track 219) constitutes a multi-angle platform housing the imaging device (i.e. through the fore and aft projections 214, 215; see [0031]), the multi-angle platform comprising an outer lip (i.e. track 219) configured to engage with a skewed end of the outer barrel (i.e. the inner tube 201) to cause rotation of the multi-angle platform (i.e. rotation of the imaging device 205 from FIG. 3 position to FIG. 6 position).);
“a display operatively coupled to the electronic module, the display configured to present the digital image from the imaging device” (Claim 1) (“These data signals may be communicated through cable 108 to processing equipment (not shown) which processes the image data and drives one or more video monitors to display the images collected at distal end 105 of instrument 100” [0029]. Therefore, the device includes a display operatively coupled to the electronic module, the display configured to present the digital image from the imaging device.).
Regarding claim 2, Hopkins discloses all features of the claimed invention as discussed with respect to claim 1 above, and Hopkins further teaches “further comprising a camera angle activator pivotally positioned at a distal end of the inner barrel and configured to control rotation of the imaging device” (“FIGS. 3 and 6 also show a motor 234 and drive linkage 235 which are also part of the articulation control assembly in this embodiment, and are used to control the articulation of image sensor assembly 202 about longitudinal axis L as will be described below” [0034] and “The orientation of image sensor assembly 202 in this illustrated example is controlled through an articulation control 710 comprising a motor 711 […] Motor 711 may comprise any suitable device […] for imparting the desired rotation to image sensor assembly 202” [0042]. In this case, the articulation of the image sensor assembly is performed along the track 219 (see [0031], FIGS. 3 and 6). Therefore, since the motor 234/711 are used to control the articulation/rotation of the image sensor assembly 202, the multi-angle imaging device includes a camera angle activator (i.e. motor 234/711) pivotally positioned at a distal end of the inner barrel and configured to control rotation of the imaging device.).
Regarding claim 3, Hopkins discloses all features of the claimed invention as discussed with respect to claim 1 above, and Hopkins further teaches “wherein the imaging device comprises at least one of a lens system, an imager, a camera imager, and an ultrasound probe” (“an imaging device 205 which in this case may comprise, for example, a charge coupled device (“CCD”) having a transparent cover 206. Image sensor assembly 202 also includes an adapter 208 which connects the rectangular image sensing device 205 and cover 206 to an objective lens assembly having a cylindrical sleeve 210. The objective lens assembly includes one or more lenses 211 mounted in sleeve 210 and allows image sensor assembly 202 to obtain an image within a field of view about an imaging axis I” [0031]. Therefore, since the image sensor assembly 202 includes an imaging device 205 (i.e. imager) and an objective lens assembly (i.e. lens system) with one or more lenses 211, the imaging device comprises at least one of a lens system and an imager.).
Regarding claim 4, Hopkins discloses all features of the claimed invention as discussed with respect to claim 1 above, and Hopkins further teaches “wherein the elongate shaft is configured with a transparent dome cap at the distal end” (“Referring to FIG. 2, it is apparent that distal end portion 106 of shaft 101 is transparent around its entire circumference” [0030]. As shown in FIGS. 2 and 3, the elongated shaft 201 includes a dome cap within the distal end portion 106. Therefore, the elongated shaft is configured with a transparent dome cap at the distal end.).
Regarding claims 5 and 6, Hopkins discloses all features of the claimed invention as discussed with respect to claim 1 above, and Hopkins further teaches “further comprising a light pipe concentrically surrounding the imaging device” (Claim 5) and “having one or more LED lights positioned proximally to the light pipe to illuminate an area of interest” (Claim 6) (“The illustrated image sensor assembly also includes a light source in the form of two LED lamps 212 mounted on PCB 204” [0031]. As shown in FIG. 2, the LED lamps 212 concentrically surround the image sensor assembly 202. Therefore, since the image sensor assembly 202 includes a light source with two LED lamps 12, the multi-angle imaging device includes a light pipe concentrically surrounding the imaging device and having one or more LED lights positioned proximally to the light pipe to illuminate an area of interest.).
Regarding claim 7, Hopkins discloses all features of the claimed invention as discussed with respect to claim 1 above, and Hopkins further teaches “wherein the outer barrel comprises a skewed end” (“As shown in FIG. 3, track 219 includes a transverse section 221, a longitudinal section 222, a curved section 223 connecting the transverse and longitudinal sections, and an inclined section 224 at a bottom end of the longitudinal section. […] fore and aft projections 214 and 215 allows image sensor assembly 202 to be moved within the instrument distal end portion 106 so that the assembly pivots about the lateral articulation axis T1 shown in FIGS. 2 and 5” [0032]. As shown in FIG. 3, the imaging device 205 is aligned with the imaging axis I (i.e. aligned parallel to the longitudinal axis L) and FIG. 6 shows the imaging device 205 being aligned with the imaging axis I (i.e. aligned perpendicular to the longitudinal axis L). Furthermore, FIG. 6 shows moving the imaging sensor assembly 202 along the track 219. In this case, the curved section 223 of the track 219 causes the imaging device 205 to be positioned at a skewed angle relative to the inner tube 201 (i.e. the outer barrel). Therefore, when the image sensor assembly 202 is positioned at the curved section 223 along the track 219, the image sensor assembly is positioned at a skewed angle relative to the inner tube 201 (i.e. the outer barrel). Thus, the outer barrel comprises a skewed end corresponding to the angle (i.e. around curved section 223 for example) at which the image sensor assembly 202 is positioned.).
Regarding claim 8, Hopkins discloses all features of the claimed invention as discussed with respect to claim 1 above, and Hopkins further teaches “further comprising a multi-angle platform housing the imaging device, the multi-angle platform comprising an outer lip configured to engage with a skewed end of the outer barrel to cause rotation of the multi-angle platform” (See [0012] and [0032] as discussed in claim 13 above. In this case, the track 219 constitutes the first articulating structure which is configured to be positioned in the distal end portion of the instrument shaft to align the imaging device 205 at positions along the longitudinal axis of the device. As shown in FIG. 3, the imaging device 205 is aligned with the imaging axis I (i.e. aligned parallel to the longitudinal axis L) and FIG. 6 shows the imaging device 205 being aligned with the imaging axis I (i.e. aligned perpendicular to the longitudinal axis L). In this case, the curved section 223 of the track 219 causes the imaging device 205 to be positioned at a skewed angle relative to the inner tube 201 (i.e. the outer barrel). Therefore, the first articulating structure (i.e. track 219) constitutes a multi-angle platform housing the imaging device (i.e. through the fore and aft projections 214, 215; see [0031]), the multi-angle platform comprising an outer lip (i.e. track 219) configured to engage with a skewed end of the outer barrel (i.e. the inner tube 201) to cause rotation of the multi-angle platform (i.e. rotation of the imaging device 205 from FIG. 3 position to FIG. 6 position).).
Regarding claims 9 and 17, Hopkins discloses all features of the claimed invention as discussed with respect to claims 8 and 13 above, and Hopkins further teaches “further comprising a handle positioned at a proximal end of the elongate shaft configured with at least one of a pivot lever and a pivot handle” (Claim 9) and “further comprising a handle positioned at a proximal end of the elongate shaft, the handle configured with at least one of a pivot lever and a pivot handle” (Claim 17) (“Referring to FIG. 1, an instrument 100 employing an articulating image sensor assembly according to one aspect of the present invention includes an elongated shaft 101 and a handle 102” [0028]. As shown in FIG. 1, the handle 102 is positioned at a proximal end of the elongate shaft. Additionally Hopkins discloses “Linear actuator 231 and motor 234 may be operated through controls located on handle 102 shown in FIG. 1. For example, one of the buttons shown at controls 110 in FIG. 1 may comprise a toggle button that may be depressed to one side to drive linear actuator 231 (and thus image sensor assembly 202) in one direction, and depressed to the opposite side to drive the linear actuator in the opposite direction” [0036]. Therefore, since the linear actuator 231 (i.e. shown in FIG. 3) is driven from one side to side by depressing the sides of toggle button (i.e. 110) on the handle 102, the multi-angle imaging device includes a handle positioned at a proximal end of the elongate shaft configured with at least one of a pivot lever (i.e. toggle button) and a pivot handle (i.e. linear actuator 231).).
Regarding claims 10 and 18, Hopkins discloses all features of the claimed invention as discussed with respect to claims 9 and 17 above, and Hopkins further teaches “wherein the pivot lever is configured to urge the inner barrel to extend distally from the outer barrel thereby causing the multi-angle platform to rotate” (Claims 10 and 18) (“one of the buttons shown at controls 110 in FIG. 1 may comprise a toggle button that may be depressed to one side to drive linear actuator 231 (and thus image sensor assembly 202) in one direction, and depressed to the opposite side to drive the linear actuator in the opposite direction” [0036]. Furthermore, as shown in FIG. 6, the image sensor assembly 202 (i.e. the multiangle platform) is configured to move distally within the inner tube 201 (i.e. the outer barrel) as the linear actuator 231 moves the image sensor assembly 202 along the track 219. Therefore, since the linear actuator 231 can be used to move (i.e. rotate) the image sensor assembly 202 (i.e. contained within the cylindrical sleeve 210/inner barrel) along the track 219 shown in FIG. 6, the pivot lever (i.e. toggle button) is configured to urge the inner barrel (i.e. cylindrical sleeve 210) to extend distally from the outer barrel (i.e. inner tube 201) thereby causing the multi-angle platform to rotate.).
Regarding claims 12 and 20, Hopkins discloses all features of the claimed invention as discussed with respect to claims 9 and 17 above, and Hopkins further teaches “wherein the pivot handle is configured to cause rotation of the outer barrel about a barrel axis up to at least 360°” (Claim 12) and “wherein the pivot handle is in mechanical communication with the outer barrel and is configured to rotate the outer barrel about a barrel axis up to at least 360°” (Claim 20) (“Also since inner tube 201 is mounted for rotation about longitudinal axis L, image sensor assembly 202 (and its image sensing axis I) may be rotated to any position 360° around longitudinal axis L without changing the position of the instrument shaft. Thus, the instrument operator is able to view a large area all without changing the position of the instrument relative to that area” [0035]. Therefore, since the inner tube 201 (i.e. outer tube) and the image sensor assembly are rotated to any 360°, the pivot handle (i.e. linear actuator 231/motor 234) in mechanical communication with the outer barrel (i.e. inner tube 201) and is configured to cause rotation of the outer barrel about a barrel axis up to at least 360°.).
Regarding claim 14, Hopkins discloses all features of the claimed invention as discussed with respect to claim 13 above, and Hopkins further teaches “further comprising a flexible printed circuit board (PCB) operably attached to the inner barrel, wherein movement of the inner barrel is configured to cause movement of the flexible printed PCB and rotation of the imaging device” (See [0031] as discussed with respect to claim 1 above. As shown in FIG. 3, the fore and aft projections 214, 215 are attached to the PCB 204 to facilitate articulation. Therefore, the PCB 204 constitutes a flexible printed circuit board (PCB) operably attached to the inner barrel (i.e. cylindrical sleeve 210), configured such that the movement of the inner barrel causes movement of the flexible printed PCB and rotation of the imaging 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.
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) 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins, Jr. US 2017/0325671 A1 “Hopkins” as applied to claims 1-10, 12-14, 17-18 and 20 above, and further in view of Miser US 2003/0069565 A1 “Miser”.
Regarding claims 11 and 19, Hopkins discloses all features of the claimed invention as discussed with respect to claims 10 and 18, respectively, however Hopkins does not teach “wherein the pivot lever is configured with regularly spaced detents” (Claims 11 and 19).
Miser is within the same field of endeavor to the claimed invention because it discloses “a ratcheting mechanism to rotationally adjust an endoscopic instrument” [0001].
Miser teaches “wherein the pivot lever is configured with regularly spaced detents” (Claims 11 and 19) (“FIG. 3 is an exploded view of a knob 330 of an endoscopic instrument showing an exemplary embodiment of an incremental rotational displacement mechanism in accordance with the invention” [0025]; “FIG. 4 shows a plan view of the knob 330 showing the cylindrical cavity 305 and the plurality of scalloped detents 310” [0027]; “In one embodiment, twelve detents 310 are equally spaced around the perimeter of the cavity 305, resulting in a granularity of about 30 degrees of angular resolution. The number of detents may be increased or decreased to provide a greater or lesser amount of angular resolution” [0028]. As shown in FIG. 4, the detents 310 are regularly spaced. Therefore, the pivot lever (i.e. incremental rotational displacement mechanism) is configured with regularly spaced detents (i.e. 310).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the pivot lever of Hopkins to include the regularly spaced detents of Miser in order to allow the user to incrementally rotate the endoscopic instrument (i.e. the image sensor assembly 202). Having a series of detents on a rotational mechanism (i.e. pivot lever) is one of a finite number device configurations which can be used to control the rotation of a device with a reasonable expectation of success, therefore it would be obvious to include the plurality of detents 310 (i.e. disclosed in Miser, FIG. 4) within the multi-angle image device of Hopkins in order to allow the image sensor assembly 202 of Hopkins to rotate at definite angles.
Claim(s) 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins, Jr. US 2017/0325671 A1 “Hopkins” as applied to claim 13 above, and further in view of Kawano WO 2012/101966 A1 “Kawano”.
Regarding claims 15 and 16, Hopkins discloses all features of the claimed invention as discussed with respect to claim 13, however, Hopkins does not teach “further comprising a spring housed within the inner barrel” (Claim 15) or “further comprising a ball joint housed within the inner barrel” (Claim 16).
Kawano is within the same field of endeavor as the claimed invention because it discloses an endoscope capable of changing the viewing field direction during imaging (see [Abstract]).
Kawano teaches “further comprising a spring housed within the inner barrel” (Claim 15) and “further comprising a ball joint housed within the inner barrel” (Claim 16) (“Further, a front end portion 25 a of a tension spring (elastic member) 25 extending in the front-rear direction is connected to a rear end portion 23b forming a hook shape of the second drive rod 23. The rear end portion 25b of the tension spring 25 is fixed to the front surface of the guide member 35” [Page 7, Para. 5, Lines 1-3] and “More specifically, as shown in FIG. 6, a spherical ball member 43 is attached to the distal end portion 41a of the support shaft 41, and the ball member 43 has a spherical shape provided in the rear portion or inside of the relay holder 42. A ball joint is configured by being slidably received in a receiving portion (not shown) having a sliding surface. Via this ball joint, the relay holder 42 is tiltably held at the tip of the support shaft 41” [Page 7, Para. 7, Lines 1-5]. Therefore, the device further comprises a spring (i.e. 25) housed within the inner barrel. Furthermore, the device includes a ball joint (i.e. 43) housed within the inner barrel.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the multi-angle imaging device of Hopkins so as to include a spring and/or a ball joint as disclosed in Kawano in order to allow the components of the device to move relative to each other. A spring and a ball joint are two of a finite number of structures which can be utilized in an endoscope to allow for movement of internal components with a reasonable expectation of success, therefore it would be obvious to include them within the device of Hopkins to allow the image sensor assembly 202 to move. Combining the prior art elements according to known techniques would yield the predictable result of allowing internal components of the device to move relative to each other.
Conclusion
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/KAITLYN E SEBASTIAN/Examiner, Art Unit 3797