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 8, 11-14 and 17 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.
Claim 8 recites the limitations "the device" and "the housing unit" in the second line of the claim. There are insufficient antecedent bases for these limitations in the claim.
Claim 11 recites the limitation "the housing unit" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the housing unit" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the housing unit" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the housing unit" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the device" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
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, 7-11, 13, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu (US 2017/0049980 A1).
Regarding claim 1, Qiu discloses an imaging system for an automated intubation system (par. [0030], [0032] and [0046]), comprising: at least one imaging sensor (64a/64b; Fig. 4; par. [0051]) that utilizes either electromagnetic or ultrasound waves for imaging (par. [0051]); a processing circuitry (par. [0042] – data processor) that receives data from the at least one imaging sensor (par. [0042] and [0049]) and uses the data to: predict at least one intended path and to generate control signals to actuate a tube based on the least one intended path (par. [0042] and [0080]-[0081]); and recognize at least one anatomical structure (par. [0059]-[0061]); and a user interface (140; Fig. 13; par. [0108]) to display the at least one intended path and the at least one anatomical structure overlaying on the data received from the at least one imaging sensor (par. [0067]), to an operator and allow the operator to select or modify the at least one intended path (par. [0108] and [0114]-[0115]).
Regarding claim 2, Qiu discloses the imaging system of claim 1, wherein the processing circuitry further identifies at least one anatomical structure utilizing the received data (par. [0059]-[0061]).
Regarding claim 3, Qiu discloses the imaging system of claim 1, wherein the processing circuitry further calculates the distance to an identified anatomical structure utilizing the received data (par. [0065]; calculating the distance to the trachea opening is necessary for determining the position of the trachea opening relative to the guide stylet).
Regarding claim 4, Qiu discloses the imaging system of claim 1, wherein the processing circuitry further calculates the position of an identified anatomical structure utilizing the received data (par. [0065]).
Regarding claim 7, Qiu discloses the imaging system of claim 1, wherein the imaging system comprises at least two imaging sensors (64a/64b; Fig. 4; par. [0051] and [0058]), and the processing circuity receives data from the at least two imaging sensors (64a/64b) to predict an intended path (55d; Fig. 7) and to generate the control signals to actuate the tube for insertion of the tube based on the intended path (par. [0011], [0042], and [0081]).
Regarding claim 8, Qiu discloses the imaging system of claim 1, wherein the at least one imaging sensor (64a/64b; Fig. 4; par. [0051]) is contained within the device (46; Fig. 4) and not contained within the housing unit (44; Fig. 3). The Examiner notes that neither the device nor the housing unit have been recited in claim 1. Additionally, neither the structures nor configurations of the device and housing unit within the system have been claimed.
Regarding claim 9, Qiu discloses the imaging system of claim 1, wherein the at least one imaging sensor (64a/64b) comprises of at least one of the following: an optical camera (par. [0051]), an infrared camera, a temperature sensor, an ultrasound sensor, a LIDAR sensor, a sonar sensor, a time of flight sensor, a magnetic resonance imaging sensor, an x-ray sensor a carbon dioxide sensor, or an ultraviolet camera (par. [0051]).
Regarding claim 10, Qiu discloses the imaging system of claim 1, wherein the at least one imaging sensor (64a/64b; Fig. 4; par. [0051]) comprises of a camera utilizing the electromagnetic spectrum.
Regarding claim 11, Qiu discloses the imaging system of claim 1, wherein the housing unit (46; Fig. 4) comprises at least two imaging sensors (64a/64b; Fig. 4; par. [0051]).
Regarding claim 13, Qiu discloses the imaging system of claim 1, wherein the housing unit (46; Fig. 4) comprises an optical camera (par. [0051]) and an infrared camera (par. [0051]).
Regarding claim 15, Qiu discloses the imaging system of claim 1, wherein the data from the at least one imaging sensor is transmitted via a wired or wireless connection to the processing circuitry (par. [0042] and [0049]).
Regarding claim 17, Qiu discloses the imaging system of claim 1, wherein the processing circuitry (par. [0042] – data processor) is located within the device (44; Fig.3; par. [0042]).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu, as applied to claim 1 above, in view of Tata et al. (US 2020/0275824 A1).
Regarding claim 5, Qiu discloses the imaging system of claim 1, but does not specifically disclose wherein the processing circuitry further calculates the orientation of an identified anatomical structure utilizing the received data. Tata teaches an analogous system wherein the processing circuitry calculates the orientation of an identified anatomical structure utilizing the received data (par. [0006] and [0057]). Tata teaches calculating the orientation of an identified structure utilizing the received data to help align the user’s reference frame with the patient anatomy (par. [0030] and [0057]). It would have been obvious to one having ordinary skill in the art have the processing circuitry of Qiu calculate the orientation of an identified anatomical structure utilizing the received data to align the user’s reference frame with the patient anatomy, as taught by Tata.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu, as applied to claim 1 above, in view of Halmann et al. (US 2019/0328361 A1).
Regarding claim 6, Qiu discloses the imaging system of claim 1, but does not specifically disclose wherein the processing circuitry further calculates at least one of the acceleration or velocity of an identified anatomical structure relative to a fixed or a moving point utilizing the received data. Halmann teaches an analogous system wherein the processing circuitry calculates at least one of the acceleration or velocity of an identified anatomical structure relative to a fixed or a moving point utilizing the received data (par. [0048]-[0049]). Halmann teaches that if the processing circuitry determines that the speed at which the probe is moved is faster than an upper limit or slower than a lower limit, the processing circuitry can warn the operator to change the speed of the probe (par. [0071]). It would have been obvious to one having ordinary skill in the art to have the processing circuitry calculates at least one of the acceleration or velocity of an identified anatomical structure relative to a fixed or a moving point utilizing the received data, such that the processing circuitry can warn the operator to change the speed of the probe if it determines that the probe is moved at a speed that is faster than an upper limit or slower than a lower limit, as taught by Halmann.
Claim(s) 12, 14, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu, as applied to claim 1 above, in view of Gormley et al. (US 2021/0059607A1).
Regarding claim 12, Qiu discloses the imaging system of claim 1, specifically disclose wherein the housing unit comprises an optical camera (64a/64b; Fig. 4; par. [0051]), but does not specifically disclose that it includes a time of flight sensor. Gormley teaches an analogous system having a time of flight sensor (108; Fig. 1A; par. [0094]) within a housing unit (502; Fig. 5A; par. [0089]). Gormley teaches that the processing circuitry may be configured to execute a volume sensing module configured to obtain volume measurements of an enteral space, respiratory tract, or other cavity in which the catheter tube is disposed based on time of flight imaging (par. [0049]). It would have been obvious to one having ordinary skill in the art to include a time of flight sensor in the housing unit to obtain volume measurements of the trachea thereby improving navigation of the device.
Regarding claim 14, Qiu discloses the imaging system of claim 1, wherein the housing unit comprises an infrared camera (64a/64b; Fig. 4; par. [0051]), but does not specifically disclose that it includes a time of flight sensor. Gormley teaches an analogous system having a time of flight sensor (108; Fig. 1A; par. [0094]) within a housing unit (502; Fig. 5A; par. [0089]). Gormley teaches that the processing circuitry may be configured to execute a volume sensing module configured to obtain volume measurements of an enteral space, respiratory tract, or other cavity in which the catheter tube is disposed based on time of flight imaging (par. [0049]). It would have been obvious to one having ordinary skill in the art to include a time of flight sensor in the housing unit to obtain volume measurements of the trachea thereby improving navigation of the device.
Regarding claim 16, Qiu discloses the imaging system of claim 1, but does not specifically disclose wherein the processing circuitry is located in a remote device or a server. Gormley teaches an analogous system wherein the processing circuitry is located in a remote device or a server (par. [0107]). Gormley teaches that locating the processing circuitry in a remote device or a server can decrease costs and, in some cases, the footprint of the device (par. [0107]). It would have been obvious to one having ordinary skill in the art to use a remote device for the processing circuitry in order to decrease costs and, in some cases, the footprint of the device, as taught by Gormley.
Regarding claim 18, Qiu discloses the imaging system of claim 1, but does not specifically disclose wherein the data from the at least one imaging sensor is logged to a data storage system. Gormley teaches an analogous system wherein the data from the at least one imaging sensor is logged to a data storage system (par. [0099]). Gormley teaches that logging the data into a data storage system allows subsequent analysis of the images by personnel for identification of abnormal tissue (par. [0099]). It would have been obvious to one having ordinary skill in the art to log the image data into a data storage system to allow subsequent analysis of the images by personnel for identification of abnormal tissue, as taught by Gormley.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu, as applied to claim 1 above, in view of Holsing et al. (US 2013/0223702 A1).
Regarding claim 19, Qiu discloses the imaging system of claim 1, but does not specifically disclose wherein the data from the at least one imaging sensor comprises of at least a point cloud. Holsing teaches an analogous system wherein the data from the at least one imaging sensor comprises of at least a point cloud (par. [0097]). Holsing teaches that using a point cloud provides more accurate navigation of the instrument (par. [0097]). It would have been obvious to one having an ordinary skill in the art to use a point cloud for the data from the imaging sensor in order to provide more accurate navigation of the instrument, as taught by Holsing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chauhan et al. US 12,090,273 B1 System And Method For Automated Intubation
Any inQiury concerning this communication or earlier communications from the examiner should be directed to RYNAE E BOLER whose telephone number is (571)270-3620. The examiner can normally be reached Mon - Fri 9:00-5:00.
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
02/05/26