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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 9/23/2026 is acknowledged.
Claims 1-10 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/23/2026.
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) 11-13, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inglis et al. (US Pub 2019/0142262) in view Dan et al. (US Pub 2016/0095506).
With respect to claim 11, Inglis discloses a video laryngoscope (fig 1, 12), comprising: a body (fig 1, 14); a display screen (fig 1, 22); a laryngoscope camera (fig 1, 30) coupled to a distal end of the body; a processor (paragraph 58. Processing components in the body); and memory storing instructions (paragraph 58, computer and fig 6, 96) that, when executed by the processor causes the video laryngoscope to perform operations comprising: establish a wireless data connection (wireless connection paragraph 58) with a wireless hub coupled to a patient terminal; capture, by the laryngoscope camera, image data during an intubation procedure(paragraph 59); identify one or more anatomical features within the captured image data (paragraph 96 identify the vocal cords); identify one or more non-anatomical features within the captured image data (paragraph 107, use images to identify type and size of the tube); generating metadata, for the image data, based on the identified one or more anatomical features and the one or more non-anatomical features (image indicators and markings, paragraph 69 and paragraph 107, size and type of tube); generating an intubation data package comprising the image data and the metadata; and transmitting, via the wireless data connection (paragraph 69, stored and collected for later and paragraph 68, wireless communication),
With respect to claim 12, Inglis discloses wherein the one or more anatomical features comprise vocal cords (paragraph 96).
With respect to claim 13, Inglis discloses wherein the one or more non-anatomical features comprise an endotracheal tube (paragraph 107).
With respect to claim 16, Inglis discloses, wherein the operations further comprise: classify one or more of the anatomical features or the non-anatomical features; wherein the classifications of the one or more of the anatomical features or the non- anatomical features is included in the metadata (paragraph 69 and paragraph 107, size and type of tube).
With respect to claim 17, Inglis discloses, wherein the operations further comprise: based on the one or more of the identified anatomical features or the non-anatomical features, identifying one or more significant events during the intubation procedure; wherein the identified one or more significant events are included in the metadata (paragraph 69 images stores and paragraph 76 detection of endoscope in image triggers image feed).
Inglis does not specifically disclose transmitting the intubation data package to the wireless hub for incorporation into a patient electronic medical record at the patient terminal.
Dan et al. discloses transmitting the intubation data package to the wireless hub (paragraph 28) for incorporation into a patient electronic medical record (fig 1, 400) at the patient terminal (fig 1, 401) to store the files.
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 Ingliss to include transmitting the intubation data package to the wireless hub for incorporation into a patient electronic medical record at the patient terminal in view of Dan et al. in order to store the files.
With respect to claim 18, Inglis discloses an intubation system, comprising: a video laryngoscope (fig 1), comprising: a laryngoscope camera (fig 1, 30); a first processor (paragraph 58); and first memory storing instructions (paragraph 58 and fig 6) that, when executed by the first processor causes the video laryngoscope to perform operations comprising: capture, by the laryngoscope camera, image data during an intubation procedure (paragraph 59); identify one or more anatomical features (paragraph 96) or non-anatomical features (paragraph 107) within the captured image data; generate metadata, for the image data, based on the identified one or more anatomical features (paragraph 96) or non-anatomical features (paragraph 107); and generate an intubation data package comprising the image data and the metadata (paragraph 69).
With respect to claim 20, Inglis wherein the metadata includes at least two of significant frames from the captured image data, intubation difficulty grade, airway grade, endotracheal tube size, endotracheal tube insertion depth, number of intubation attempts, or intubation procedure duration (paragraph 107, size and depth, paragraph 78, time).
Inglis does discloses that the system having a wireless hub, (Ingliss discloses wireless communication with the video laryngoscope), but does not specifically disclose the wireless hub comprising: a port coupled to a patient terminal ;a second processor; and second memory storing instructions that, when executed by the second processor causes the wireless hub to perform operations comprising: receive, from the video laryngoscope, the intubation data package; and transmit, via the port, the intubation data package to the patient terminal.
Dan et al. discloses a wireless hub (paragraph 28), in wireless communication with the video laryngoscope, the wireless hub comprising: a port coupled to a patient terminal (fig 1, 400); a second processor (fig 1, and paragraph 28 computer system); and second memory storing instructions (paragraph 28, electronic medical record program) that, when executed by the second processor causes the wireless hub to perform operations comprising: receive, from the video laryngoscope, the intubation data package; and transmit, via the port, the intubation data package to the patient terminal (paragraph 28 and fig 1) to store the files (paragraph 28).
With respect to claim 19, Dan et al discloses further comprising the patient terminal comprising: a third processor (paragraph 28 and fig 1, heath care data base processor and computer system processer); and third memory storing instructions that, when executed by the third processor, cause the patient terminal to perform operations: access an electronic medical record of the patient (paragraph 28) ;receive, from the wireless hub, the intubation data package; concurrently display at least a portion of the intubation data with fillable fields of the electronic medical record (fig 1 and paragraph 14); receive at least one interaction with the electronic medical record during the concurrent display (paragraph 14); and store the electronic medical record based on the at least one interaction (paragraph 28).
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 Inglis to include the wireless hub comprising: a port coupled to a patient terminal ;a second processor; and second memory storing instructions that, when executed by the second processor causes the wireless hub to perform operations comprising: receive, from the video laryngoscope, the intubation data package; and transmit, via the port, the intubation data package to the patient terminal in view of Dan in order to store the files.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inglis et al. in view of Dan et al. as applied to claim 11 above, and further in view of Jagelski et al. (US Pub 2023/0124693).
With respect to claim 14, Inglis et al, in view of Dan et al. discloses a wireless connection but does not specifically disclose wherein establishing the wireless data connection with the wireless hub comprising: in response to receiving a power-on input, exchanging optical pairing signals via optical signals with the wireless hub; and establishing the wireless data connection based on the pairing signals, wherein the wireless data connection is a non-optical connection.
Jagelski discloses establishing the wireless data connection with the wireless hub comprising: in response to receiving a power-on input (paragraph 28), exchanging optical pairing signals via optical signals with the wireless hub (paragraph 28, optical signals); and establishing the wireless data connection based on the pairing signals, wherein the wireless data connection is a non-optical connection (paragraph 28) to allow for automatic and secure connection of the device (paragraph 28).
With respect to claim 15, Jagelski discloses wherein the operations further comprise: receive a power-down input (paragraph 7); wherein the transmitting of the intubation data packages is performed subsequent to receiving the power-down input and prior to the video laryngoscope powering off (paragraph 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention the device of Inglis in view of Dan to include establishing the wireless data connection with the wireless hub comprising: in response to receiving a power-on input, exchanging optical pairing signals via optical signals with the wireless hub; and establishing the wireless data connection based on the pairing signals, wherein the wireless data connection is a non-optical connection in view of Jagelski in order to allow for automatic and secure connection of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200170498 A1 discloses a video laryngoscope
US 20210121155 A1 discloses a video laryngoscope that identifies vocal cords
US 20230255465 A1 discloses a video laryngoscope the wirelessly provides metadata and pairs the scope
US 20210128033 A1 discloses a video laryngoscope that stores data and identifies features
US 20190224434 A1 discloses a video laryngoscope that stores data and identifies features and stores events
US 20120116156 A1 discloses a video laryngoscope
US 20120109686 A1 discloses a medical records system
US 20140088994 A1 discloses a medical records system
US 20110263935 A1 discloses a video laryngoscope that identifies vocal cords
US 20190282324 A1 discloses a video laryngoscope that stores data and identifies features and stores events
US 20190348160 A1 discloses a medical records system
US 12090273 B1 discloses a video laryngoscope the wirelessly provides metadata
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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