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.
Claim 15 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 15 recites “wherein the visualization assembly is configured to be at least one of: advanced, retracted and rotated relative to the distal end portion of the elongate shaft,” claim 11 already requires that the assembly does this feature such that it is unclear how claim 15 further limits 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.
Claim(s) 1-4, 6-9 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hassan et al. (US Pub 2023/0101757).
With respect to claim 1, Hassan discloses a cannula (see figure 26 below) configured to provide an access port (fig 26) to a patient for an arthroscopic or laparoscopic device (fig 26, 10432), comprising: an elongate shaft having a proximal end portion (see fig 26 below) and a distal end portion (see fig 26 below), wherein the elongate shaft (fig 26, 10422) includes one or more lumens (fig 26, 10422, 10412) therein including at least one lumen configured to provide a working channel (fig 10432) for the arthroscopic or laparoscopic device to pass through the distal end portion; a visualization assembly (fig 26, 10426) including one or more cameras (paragraph 87), the visualization assembly coupled to the elongate shaft and having pathway for optical and electrical connection to the one or more cameras with the pathway formed along at least a portion of the elongate shaft (fig 26). With respect to claim 2, Hassan discloses wherein an intermediate portion of the elongate shaft is constructed of a flexible material (See fig 26 below, paragraph 10, flexible body and paragraph 193, steerable) configured to allow the distal end portion (See fig 26 below) of the elongate shaft to move from a first position to a second position. With respect to claim 3, Hassan discloses further comprising a mechanism to drive the distal end portion to articulate from the first position to the second position (paragraph 193). With respect to claim 4, Hassan discloses wherein the visualization assembly includes a light source comprising one or more light emitting diodes (paragraph 61), and wherein the one or more cameras and the one or more light emitting diodes are positioned at the distal end portion. With respect to claim 6, Hassan discloses further comprising: a second cannula (See fig 26 below) having a second visualization assembly including one or more cameras (fig 26. 10428); a display apparatus (Paragraph 197); and a controller (paragraph 197) electronically coupled to the display apparatus, the visualization assembly and the second visualization assembly, wherein the controller is configured control the visualization assembly and the second visualization assembly and the display apparatus to cause the display apparatus to at least one of: change between a first field of view of the visualization assembly and a second field of view of the second visualization assembly, provide both the first field of view and the second field of view simultaneously or provide a three-dimensional composite view based upon the first field of view and the second field of view sharing substantially a same focal point (paragraph 197, can merge image or provide two separate point of views). With respect to claim 7, Hassan discloses wherein the change between the first field of view and the second field of view is determined by the controller based upon an operation mode of the arthroscopic or laparoscopic device (paragraph 200). With respect to claim 8, Hassan discloses wherein the visualization assembly includes a first one or more light sources and the second visualization assembly includes a second one or more light sources, wherein the controller is configured to control the first one or more light sources and the second one or more light sources to be one or more of: activated to produce light at a same time; activated in sequence over a period of time; activated to produce light at the same time but with the first one or more light sources having a brightness that differs from a brightness of the second one or more light sources (paragraph 61 use different light sources to produce different patterns that can be controlled to determine different tissues and paragraph 88 discloses the control system to change light sources). With respect to claim 9, Hassan discloses, wherein the controller is configured to control articulation of the distal end portion relative to the proximal end portion of the elongate shaft to change the first field of view of the visualization assembly (paragraph 193, steerable).
With respect to claim 19, Hassan discloses a surgical system (see fig 26 below) comprising: an arthroscopic or laparoscopic device (Fig 26, 10432); a cannula (see fig 26 below) having an elongate shaft (fig 26, 10422) configured to provide an access port to a target anatomical location within a patient for the arthroscopic or laparoscopic device (fig 26), wherein the cannula includes a visualization assembly having one or more cameras (fig 26, 10428), the one or more cameras coupled to the elongate shaft of the cannula; and a controller (paragraph 197) electronically coupled to the visualization assembly, wherein the controller is configured control articulation of a distal end portion of the elongate shaft relative to a proximal end portion of the elongate shaft to change a first field of view of the visualization assembly (paragraph 197). With respect to claim 20, Hassan discloses wherein the one or more cameras include an infrared camera (paragraph 87, IR camera, and wherein using data sensed by the infrared camera, the controller is configured to identify at least one of: a change in temperature in a joint space or a presence of excessive bleeding in the joint space (paragraph 94).
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Claim Rejections - 35 USC § 103
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 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.
Claim(s) 5, 10-12 and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hassan et al. (US Pub 2023/0101757) in view of Thompson (US Pub 2009/0259097).
With respect to claim 11, Hassan discloses a surgical system (See fig 26 above) comprising: an arthroscopic or laparoscopic device (fig 26, 10432); a cannula (see fig 26 above) having an elongate shaft (fig 26, 10422) configured to provide an access port to a target anatomical location within a patient for the arthroscopic or laparoscopic device (fig 26), wherein the cannula includes a visualization assembly having one or more cameras (fig 26, 10428), the one or more cameras coupled to the elongate shaft of the cannula; and a controller (paragraph 201)electronically coupled to the visualization assembly. With respect to claim 12, Hassan discloses wherein the one or more cameras comprise a Complementary Metal-Oxide Semiconductor Active Pixel Sensors (CMOS-APS), wherein one or more of the CMOS-APS are configured for sensing at an infrared wavelength range (paragraph 87). With respect to claim 14, Hassan discloses wherein an intermediate portion of the elongate shaft is constructed of a flexible material (paragraph 10) configured to allow the distal end portion of the elongate shaft to move from a first position to a second position (paragraph 193 steerable). With respect to claim 16, Hassan discloses, further comprising: a second cannula (see fig 26 above) having a second visualization assembly including one or more cameras (paragraph 197); and a display apparatus (paragraph 197); wherein the controller electronically coupled to the display apparatus, the visualization assembly and the second visualization assembly, wherein the controller is configured control the visualization assembly and the second visualization assembly and the display apparatus to cause the display apparatus to at least one of: change between a first field of view of the visualization assembly and a second field of view of the second visualization assembly, provide both the first field of view and the second field of view simultaneously or provide a three-dimensional composite view based upon the first field of view and the second field of view sharing substantially a same focal point (paragraph 197). With respect to claim 17, Hassan discloses wherein the change between the first field of view and the second field of view is determined by the controller based upon an operation mode of the arthroscopic or laparoscopic device (paragraph 197 and 200). With respect to claim 18, Hassan discloses wherein the visualization assembly includes a first one or more light sources (paragraph 100) and the second visualization assembly includes a second one or more light sources, wherein the controller is configured to control the first one or more light sources and the second one or more light sources to be one or more of: activated to produce light at a same time; activated in sequence over a period of time; activated to produce light at the same time but with the first one or more light sources having a brightness that differs from a brightness of the second one or more light sources (paragraph 61 use different light sources to produce different patterns that can be controlled to determine different tissues and paragraph 88 discloses the control system to change light sources); wherein the controller is configured to control articulation of the distal end portion of the elongate shaft to change the field of view of the visualization assembly (paragraph 193 steerable).
With respect to claims 5, 10 and 11 and 15, Hassan discloses the claimed invention except for controller is configured control the visualization assembly to cause the visualization assembly to at least one of advance, retract and rotate relative to a distal end portion of the elongate shaft to alter a field of view of the one or more cameras wherein the visualization assembly is configured to be at least one of: advanced, retracted and rotated relative to the distal end portion of the elongate shaft.
Thompson discloses a controller (paragraph 40, control and monitoring arrangement) is configured control the visualization assembly to cause the visualization assembly to at least one of advance, retract (fig 6, 42) and rotate (fig 4, R) relative to a distal end portion (fig 3, 24) of the elongate shaft to alter a field of view of the one or more cameras wherein the visualization assembly is configured to be at least one of: advanced, retracted (fig 6, 42) and rotated (fig 4, R) relative to the distal end portion of the elongate shaft to improve the endoscopic vison (paragraph 19).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hassan to include the controller is configured control the visualization assembly to cause the visualization assembly to at least one of advance, retract and rotate relative to a distal end portion of the elongate shaft to alter a field of view of the one or more cameras wherein the visualization assembly is configured to be at least one of: advanced, retracted and rotated relative to the distal end portion of the elongate shaft in view of Thompson in order to improve the endoscopic vison.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hassan in view of Thompson as applied to claim 11 above, and further in view of Hess et al. (US Pub 2010/0312063).
With respect to claim 13, Hassan in view of Thompson discloses the claimed invention except for wherein the elongate shaft has a ribbed outer surface along at least a portion thereof.
Hess discloses wherein an elongate shaft(fig 13B, 1313) has a ribbed outer surface (fig 13B, 1313t) along at least a portion thereof to retain the shaft in the tissue (paragraph 102).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hassan in view of Thompson to include wherein the elongate shaft has a ribbed outer surface along at least a portion thereof in view of Hess in order to retain the shaft in the tissue.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20050234294 A1 discloses a cannula for a device and a camera
US 20090270676 A1 discloses a cannula for a device and a camera
US 20040116897 A1 discloses a cannula for a device and a camera
US 20150272617 A1 discloses a cannula for a device and a camera
US 20100081875 A1 discloses a cannula for a device and a camera
US 20070239120 A1 discloses a cannula for a device and a camera
US 20160015256 A1 discloses a cannula for a device and a camera
US 20120310147 A1 discloses a cannula for a device and a camera
US 20180098683 A1 discloses a cannula for a device and a camera
US 20230022031 A1 discloses a cannula for a device and a camera
US 20130231654 A1 discloses a cannula for a device and a camera
US 20140180001 A1 discloses a cannula for a device and a camera
US 20170027606 A1 discloses a cannula for a device and a camera
US 8289381 B2 discloses a cannula for a device and a camera
US 6440061 B1 discloses a cannula for a device and a camera
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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