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 .
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 1-14, 17, 24 & 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-11, & 16-19 of U.S. Patent No. 11,832,800 in view of Farr et al. (US PG Pub No. 2011/0028790).
Regarding Claims 1, 7-8, 13-14 & 24 of the application:
Claim 1 of the patent discloses a laryngoscope enhancement system, comprising: a holder, including: an adjustable mount configured to releasably secure an electronic device with a display, and an end cap, fixedly connected to the adjustable mount, defining a central cavity having a lower opening, the end cap configured to removably attach the holder to an upper end of a laryngoscope handle, the lower opening having a diameter conforming to a diameter of the upper end of the laryngoscope handle; and a video stylet, including: a plurality of wires, a connecter, coupled to the plurality of wires, removably attachable to an electronic device, a flexible segment including a flexible sheath enclosing the plurality of wires, a malleable segment including a malleable sheath enclosing a malleable wire and the plurality of wires, the malleable sheath having a smaller diameter than the flexible sheath, and a video camera coupled to one or more of the plurality of wires.
Claim 1 does not disclose the connector having built-in Wi-Fi capability for wireless connection.
Farr et al. discloses a vision and illumination module (200, Fig. 2b) configured to be used with a laryngoscope (300, Paragraph [0040]), comprising a connector (210) coupled to a plurality of wires (205a,b) and removably attached to an electronic device (via 204), wherein the connector has wireless interfaces (217, 219, 221) for wirelessly connecting to a portable display units (220) or storage devices (230) (Paragraphs [0037-0038]), and “
Thus it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Claim 1 of the patent so that the connector had built-in Wifi capability for wireless connection as taught by Farr et al. in order to allow the video stylet to transmit video footage to the electronic device without the need for cables or electronic connections therebetween.
Claim 11 of the patent discloses an intubation system, comprising: an endotracheal tube having an inner diameter; an electronic device with a display; and laryngoscope, including: a blade, a handle, connected to the blade, having an upper end and a diameter, a holder, including: an adjustable mount releasably securing the electronic device, and an end cap defining a central cavity having a lower opening, the end cap removably attached to the upper end of the handle, the lower opening having a diameter conforming to the diameter of the handle, and a video stylet, including: a plurality of wires, a connecter, coupled to the plurality of wires, removably attachable to the electronic device, a flexible segment including a flexible sheath enclosing the plurality of wires, a malleable segment including a malleable sheath enclosing a malleable wire and the plurality of wires, the malleable sheath having a smaller diameter than the flexible sheath, and a video camera coupled to one or more of the plurality of wires.
Claim 11 does not disclose the connector having built-in Wi-Fi capability for wireless connection.
Farr et al. discloses a vision and illumination module (200, Fig. 2b) configured to be used with a laryngoscope (300, Paragraph [0040]), comprising a connector (210) coupled to a plurality of wires (205a,b) and removably attached to an electronic device (via 204), wherein the connector has wireless interfaces (217, 219, 221) for wirelessly connecting to a portable display units (220) or storage devices (230) (Paragraphs [0037-0038]), and “
Thus it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Claim 11 of the patent so that the connector has built-in Wifi capability for wireless connection as taught by Farr et al. in order to allow the video stylet to transmit footage to the electronic device without the need for cables or physical electronic connections therebetween.
As to Claims 2-6, 9-12, 17 & 27 of the application: Claims 2-6 of the application are substantially similar or duplicates of Claims 6-10 of the patent. Claims 9-12 of the application are substantially similar or duplicates of Claims 16-19 of the patent. Claim 17 of the application is found in Claim 11 of the patent. Claim 27 of the application is found in Claim 11 of the patent.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 1850 (Fig. 18C). Furthermore, the word “Detal” in Fig. 14A appears to need to be changed to the word --Distal--. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 14, 17-24, & 27-33 OR Claims 34-37, 39, & 41 are objected to because of the following informalities: Claims 14, 17-24, 27-33 recite the term “adaptor”, and Claims 34-37, 39 & 41 recite the term “adapter”, which references the same structural component spelled two different ways. The specification also lists both spellings of the term. It is suggested that at least the claims be amended to recite the same spelling of the term throughout. Appropriate correction is required.
Claims 1, 8 & 45 are objected to because of the following informalities: In Lines 11, 15 & 3, respectively, the word “capacity” should be replaced with the word --capability--. Appropriate correction is required.
Claim 21 is objected to because of the following informalities: The limitations recited in Lines 1-4 up to the comma are redundant limitations previously recited in Claim 14, and thus should be deleted. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: In Line 2, the word --video-- should be added before the word “camera” and the word --the-- should be added before the second instance of the words “video stylet”. Appropriate correction is required.
Claim 23 is objected to because of the following informalities: In Line 3, the word “outlet” should be replaced with the word --stylet--. Appropriate correction is required.
Claim 24 is objected to because of the following informalities: In Line 8, the words “a display” should be replaced with the words --the display--. Appropriate correction is required.
Claim 31 is objected to because of the following informalities: The limitations recited in Lines 1-4 up to the comma are redundant limitations previously recited in Claim 24, and thus should be deleted. Appropriate correction is required.
Claim 32 is objected to because of the following informalities: In Line 2, the word --video-- should be added before the word “camera” and the word --the-- should be added before the second instance of the words “video stylet”. Appropriate correction is required.
Claim 33 is objected to because of the following informalities: In Line 3, the word “outlet” should be replaced with the word --stylet--. Appropriate correction is required.
Claim 34 is objected to because of the following informalities: In Line 6, a comma should be added immediately following the word “adapter” and “stylet”. Appropriate correction is required.
Claim 35 is objected to because of the following informalities: In Line 2, the words “of the laryngoscope” should be deleted. Appropriate correction is required.
Claim 38 is objected to because of the following informalities and should be amended as follows: “38. (Original) The laryngoscope of claim 37, where the blade portion is a straight blade portion, a curve blade portion, or a variation blade portion.” Appropriate correction is required.
Claim 39 is objected to because of the following informalities: In Line 2, the words “of the laryngoscope” should be deleted. Appropriate correction is required.
Claim 40 is objected to because of the following informalities and should be amended as follows: “40. (Original) The laryngoscope of claim 39, where the blade portion blade portion or a curve blade portion.” Appropriate correction is required.
Claim 41 is objected to because of the following informalities and should be amended as follows: “41. (Currently amended) The laryngoscope of claim 36, where the blade portion and the handle portion
Claim 43 is objected to because of the following informalities: In Line 1, the word “video” should be deleted. Appropriate correction is required.
Claim 46 is objected to because of the following informalities: In Line 1, the word “style” should be replaced with the word --stylet--. Appropriate correction is required.
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 15, 16, 23, 25, 26, 33 & 37-46 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 15 at Line 2 recites the limitation “the adjustable mount”. There is insufficient antecedent basis for this limitation. For purposes of examination, the limitation is being interpreted as “the mount”. Appropriate correction is required.
Claim 16 at Line 2 recites the limitation “the adjustable mount”. There is insufficient antecedent basis for this limitation. For purposes of examination, the limitation is being interpreted as “the mount”. Appropriate correction is required.
Claim 23 recites the limitation “where the holder and the video stylet are decoupled with a holder wireless adaptor of the holder in wireless communication with a video stylet wireless adaptor of the video outlet, the holder wireless adaptor configured to couple to a mounted electronic device with a display mounted in the mount.” which renders the claim indefinite as it is unclear what is meant by “decoupled” via adaptors “in wireless communication”. Furthermore, it is unclear if the recited “mounted electronic device” is the same as the previously recited “electronic device with a display” of claim 14 or in addition thereto/different than. For purposes of examination, the limitation is being interpreted as “where the holder and the video stylet are wirelessly coupled via a holder wireless adaptor of the holder in wireless communication with a video stylet wireless adaptor of the video outlet, the holder wireless adaptor configured to couple to the electronic device with the display secured in the mount.” Appropriate correction is required.
Claim 25 at Line 2 recites the limitation “the adjustable mount”. There is insufficient antecedent basis for this limitation. For purposes of examination, the limitation is being interpreted as “the mount”. Appropriate correction is required.
Claim 26 at Line 2 recites the limitation “the adjustable mount”. There is insufficient antecedent basis for this limitation. For purposes of examination, the limitation is being interpreted as “the mount”. Appropriate correction is required.
Claim 33 recites the limitation “where the holder and the video stylet are decoupled with a holder wireless adaptor of the holder in wireless communication with a video stylet wireless adaptor of the video outlet, the holder wireless adaptor configured to couple to a mounted electronic device with a display mounted in the mount.” which renders the claim indefinite as it is unclear what is meant by “decoupled” via adaptors “in wireless communication”. Furthermore, it is unclear if the recited “mounted electronic device” is the same as the previously recited “electronic device with a display” of claim 24 or in addition thereto/different than. For purposes of examination, the limitation is being interpreted as “where the holder and the video stylet are wirelessly coupled via a holder wireless adaptor of the holder in wireless communication with a video stylet wireless adaptor of the video outlet, the holder wireless adaptor configured to couple to the electronic device with the display secured in the mount.” Appropriate correction is required.
Claim 37 recites the term “the handle wireless adapter”. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the limitation is being interpreted as “the wireless adapter”. Appropriate correction is required.
Claim 39 recites the term “the handle wireless adapter”. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the limitation is being interpreted as “the wireless adapter”. Appropriate correction is required.
Claim 41 recites the term “the handle wireless adapter”. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the limitation is being interpreted as “the wireless adapter”. Appropriate correction is required.
Claim 43 recites “where the video camera is coupled to one or more of a plurality of wires of the flexible sheath of the flexible segment and the malleable sheath of the malleable segment.” There is insufficient antecedent basis for the underlined terms in the claim. For purposes of examination, the limitation is being interpreted as “where the camera is coupled to one or more of a plurality of wires of a flexible sheath of the flexible segment and a malleable sheath of the malleable segment.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 17 & 27 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The limitations of Claim 17 are previously recited in the last four lines of independent Claim 14, from which Claim 17 depends.
The limitations of Claim 27 are previously recited in the last four lines of independent Claim 24, from which Claim 27 depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 14-17 & 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laser (US PG Pub No. 2011/0245609) in view of Alexander et al. (US PG Pub No. 2013/0096378).
Regarding Claims 14, 17 & 21, Laser discloses a laryngoscope enhancement system (Fig. 1 & 9, Paragraph [0029-0035]), comprising: a holder (swivel unit 35, Fig. 1, Paragraph [0031]), including: a mount (monitor enclosure 8, Fig. 1, Paragraph [0030]) configured to releasably secure an electronic device (video monitor 19, Fig. 1) with a display (display panel 11, Fig. 1, Paragraph [0030]), and an end cap (cup 2, Fig. 1, Paragraph [0031]), fixedly connected to the mount (via fastener 3, Fig. 9), defining a central cavity (hollow within 2) having a lower opening (bottom opening of 2 for accepting upper end of laryngoscope handle 1), the end cap configured to removably attach the holder to an upper end of a laryngoscope handle, the lower opening having a diameter conforming to a diameter of the upper end of the laryngoscope handle (Fig. 1, Paragraph [0031]); and a video stylet (slim endoscope probe 17, Fig. 1, Paragraphs [0029-0030]), including: a flexible segment (small diameter flexible cable 13, Fig. 1, Paragraphs [0029-0030]) including a flexible sheath enclosing a plurality of wires (35, 36, 37, Fig. 3), and a video camera (CMOS camera in video sensor 29, Paragraph [0032, Fig. 3a) coupled to one or more of the plurality of wires (via electrical components 30 and electrical circuit 34, Figs. 3 & 3a, Paragraph [0032]).
Laser does not disclose a wireless adaptor, coupled to one or more of the holder and the video stylet, having a wireless communication capability and an electrical interface configured to communicate with a wireless network interface of a wireless network, the wireless adaptor coupled to one or more of the flexible segment, the malleable segment and the video camera.
Alexander et al. discloses a portable imaging endoscope (2600, Fig. 26, Paragraphs [0148-179]) comprising a video camera (2602, Paragraph [0159]) at a distal end thereof and configured to wirelessly display a video or image content through a transceiver (2606) to a medical professional (Paragraph [0153]) on an electronic device (2612 or 2614, Fig. 26)(“For example, the portable endoscope 2600 may be utilized as a plug-and-play device with any number of computing or communications devices for utilization by medical professionals, dentists, electricians, and any number of users.”, Paragraph [0165]), wherein the endoscope can be utilized in a wired or wireless configuration (Paragraph [0165]), the wireless configuration “utilizing any number of wireless signals to communicate content to computing and/or communications devices” (Paragraph [0149]), wherein “The video captured by the camera 2602 may be transmitted directly or indirectly to the wireless device 2612 or computing device 2614. For example, the portable endoscope 2600 may wirelessly communicate with the computing device 2614 through a network 2616. The network 2616 may utilize a communication standard, such as 802.11 (e.g., 802.11n). The direct or indirect communications may represent Bluetooth, ZigBee, near field communication (NFC), WiFi, ultra-wideband, wireless USB, infrared, wireless local area network (WLAN), WiMAX, proprietary standards, or other radio frequency signals whether analog or digital that may be utilized to communicate a video signal. Any number of FCC, FDA, IEEE, ISO, CEN, ETSL ARIB, ANSI, or IEC approved communications protocols or standards may also be transmitted by the transceiver 2606. The transceiver 2606 as well as the transceiver (not shown) of the wireless device 2612 or computing device 2614 may include any of the components necessary for communicating utilising these standards. Indeed, the types of wireless or wired standards or methods of communication are numerous.” (Paragraph [0161]), wherein “The video or image signal may be received and displayed by the wireless device 2612 or computing device 2614 in real-time.” (Paragraph [0164]), wherein “a cable or wire may be utilized to communicate the video directly to the wireless device 2612, computing device 2614, or to an external transceiver that is not integrated with the case 2601 of the portable endoscope 2600. The same cable may also be utilized to power (or charge) the portable endoscope 2600 from a remote location further reducing the required size of the portable endoscope 2600. For example, a USB cable (e.g. standard, mini, micro, etc.) connected to a USB port of the portable endoscope 2600 and the wireless device 2612 may be utilized to both power the portable endoscope 2600 and view video from the portable endoscope 2600. The connector may be integrated with the case 2601 or transceiver 2606 and may allow the portable endoscope 2600 to be easily utilized in a wired or wireless configuration.” (Paragraph [0165]). Paragraph [0179] further discloses “The computing device 2614 or the wireless device 2612 may include a wireless adapter 2607. The wireless adapter 2607 is a transceiver configured to send and receive a signal to and from the portable endoscope 2600. The wireless adapter 2607 may be utilized with any number of electronic devices to receive or format the video content in real-time. In one embodiment, the wireless adapter 2607 is an adapter, such as a USB adapter, dongle, or other wireless interface configured to receive wireless communications from the portable endoscope 2600, and may decode, decrypt, or format the video signal retrieved by the camera of the endoscope 1202 for view by a medical professional or other party. The wireless adapter 2607 may utilize any of the standards that are previously described to communicate with the portable endoscope 2600. The wireless adapter 2607 may be internally integrated with the computing device 2614 (e.g., Bluetooth, near field communications, WiFi, etc.) or may be externally connected.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Laser to replace the flexible cable/wired connection between the electronic device and the camera of the video stylet with a wireless connection including a wireless adapter internally integrated in the camera and configured to transmit wireless communications to the electronic device as taught by Alexander et al. as an alternate and functionally equivalent means for transmitting a signal between a camera and a monitor for viewing a procedure site which provides the added benefit of having no external cables between the two, giving a practitioner less components to work around during use.
Regarding Claims 15-16 as best understood, the combination of Laser and Alexander et al. discloses the claimed invention as stated above in claim 14, and Laser further discloses the holder further including a shell (mushroom fastener 3, Figs. 1 & 9, Paragraph [0031]) configured to cover the end cap and coupled to the mount (Fig. 1), where the shell is configured to couple to a back side (at fastener array 5, Fig. 9) of the mount (Fig. 1).
Regarding Claims 24, 27 & 31, Laser discloses an intubation system (Fig. 1 & 9, Paragraph [0029-0035]), comprising: an electronic device with a display (video monitor 19 with display panel 11, Fig. 1, Paragraph [0030]), and a laryngoscope (Fig. 1), including: a blade (blade 14, Fig. 1, Paragraph [0033]), a handle (1, Fig. 1), connected to the blade, having an upper end (upper end at cup 2, Fig. 1) and a diameter (diameter of upper end at cup 2), a holder (swivel unit 35, Fig. 1, Paragraph [0031]), including: a mount (monitor enclosure 8, Fig. 1, Paragraph [0030]) configured to releasably secure the electronic device (video monitor 19, Fig. 1) with the display (display panel 11, Fig. 1, Paragraph [0030]), and an end cap (cup 2, Fig. 1, Paragraph [0031]), fixedly connected to the mount (via fastener 3, Fig. 9), defining a central cavity (hollow within 2) having a lower opening (bottom opening of 2 for accepting upper end of laryngoscope handle 1), the end cap configured to removably attach the holder to the upper end of the laryngoscope handle, the lower opening having a diameter conforming to a diameter of the upper end of the laryngoscope handle (Fig. 1, Paragraph [0031]); and a video stylet (slim endoscope probe 17, Fig. 1, Paragraphs [0029-0030]), including: a flexible segment (small diameter flexible cable 13, Fig. 1, Paragraphs [0029-0030]) including a flexible sheath enclosing a plurality of wires (35, 36, 37, Fig. 3), and a video camera (CMOS camera in video sensor 29, Paragraph [0032, Fig. 3a) coupled to one or more of the plurality of wires (via electrical components 30 and electrical circuit 34, Figs. 3 & 3a, Paragraph [0032]).
Laser does not disclose an endotracheal tube having an inner diameter. Laser does disclose an endotracheal tube in the background of the invention in Paragraphs [0003-0004], specifically “Endotracheal intubation is a commonly used procedure during which a semi rigid plastic tube, called an endotracheal tube, is inserted into a patient's trachea through the open mouth. Typically, a laryngoscope is used to view the throat area through the open mouth while the tip of the endotracheal tube advances toward the vocal cords. This procedure is not a trivial one especially when it needs to be performed in the inconvenience of emergency type situations and with the patients having various irregularities and complications in the throat and neck areas. Use of intubation assisting tools is important to the first response paramedics, who often save lives of traumatized and unconscious victims by quickly administering the endotracheal tube into the trachea. Extra minutes and even seconds of delay can be fatal. [0004] During the last decade, many researches and physicians advocated use of endoscopes during the intubation procedures. The tip of the flexible shaft of endoscope is inserted inside the endotracheal tube and temporarily secured near the distal end of it. Alternatively, the endoscope or a small camera can be inserted in the mouth alongside and/or with the endotracheal tube. Depending on the type of an endoscope used, a practitioner performing intubation can see the area in the immediate vicinity of the distal end of the endotracheal tube either on the video screen of a monitor or looking in the ocular of a simpler endoscope. It is obvious, that such use of an endoscope reduces the number of traumas and helps to ease and speed up the intubation process. Many existing endoscopes can be used for such application. However, a typical medical endoscope is an expensive and bulky instrument, utilizing powerful light sources and fiber optic bundles for delivery of light and/or images”. And further states in Paragraph [0007] that “The present invention provides a portable video adapter for a laryngoscope that is small in size and light in weight, self-powered and suitable for assisting endotracheal intubations.” Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Laser to add an endotracheal tube having an inner diameter as taught by Laser in order to provide the system with a common and well-known access means through which the laryngoscope can be inserted during an intubation procedure.
Laser does not disclose a wireless adaptor, coupled to one or more of the holder and the video stylet, having a wireless communication capability and an electrical interface configured to communicate with a wireless network interface of a wireless network, the wireless adaptor coupled to one or more of the flexible segment, the malleable segment and the video camera.
Alexander et al. discloses a portable imaging endoscope (2600, Fig. 26, Paragraphs [0148-179]) comprising a video camera (2602, Paragraph [0159]) at a distal end thereof and configured to wirelessly display a video or image content through a transceiver (2606) to a medical professional (Paragraph [0153]) on an electronic device (2612 or 2614, Fig. 26)(“For example, the portable endoscope 2600 may be utilized as a plug-and-play device with any number of computing or communications devices for utilization by medical professionals, dentists, electricians, and any number of users.”, Paragraph [0165]), wherein the endoscope can be utilized in a wired or wireless configuration (Paragraph [0165]), the wireless configuration “utilizing any number of wireless signals to communicate content to computing and/or communications devices” (Paragraph [0149]), wherein “The video captured by the camera 2602 may be transmitted directly or indirectly to the wireless device 2612 or computing device 2614. For example, the portable endoscope 2600 may wirelessly communicate with the computing device 2614 through a network 2616. The network 2616 may utilize a communication standard, such as 802.11 (e.g., 802.11n). The direct or indirect communications may represent Bluetooth, ZigBee, near field communication (NFC), WiFi, ultra-wideband, wireless USB, infrared, wireless local area network (WLAN), WiMAX, proprietary standards, or other radio frequency signals whether analog or digital that may be utilized to communicate a video signal. Any number of FCC, FDA, IEEE, ISO, CEN, ETSL ARIB, ANSI, or IEC approved communications protocols or standards may also be transmitted by the transceiver 2606. The transceiver 2606 as well as the transceiver (not shown) of the wireless device 2612 or computing device 2614 may include any of the components necessary for communicating utilising these standards. Indeed, the types of wireless or wired standards or methods of communication are numerous.” (Paragraph [0161]), wherein “The video or image signal may be received and displayed by the wireless device 2612 or computing device 2614 in real-time.” (Paragraph [0164]), wherein “a cable or wire may be utilized to communicate the video directly to the wireless device 2612, computing device 2614, or to an external transceiver that is not integrated with the case 2601 of the portable endoscope 2600. The same cable may also be utilized to power (or charge) the portable endoscope 2600 from a remote location further reducing the required size of the portable endoscope 2600. For example, a USB cable (e.g. standard, mini, micro, etc.) connected to a USB port of the portable endoscope 2600 and the wireless device 2612 may be utilized to both power the portable endoscope 2600 and view video from the portable endoscope 2600. The connector may be integrated with the case 2601 or transceiver 2606 and may allow the portable endoscope 2600 to be easily utilized in a wired or wireless configuration.” (Paragraph [0165]). Paragraph [0179] further discloses “The computing device 2614 or the wireless device 2612 may include a wireless adapter 2607. The wireless adapter 2607 is a transceiver configured to send and receive a signal to and from the portable endoscope 2600. The wireless adapter 2607 may be utilized with any number of electronic devices to receive or format the video content in real-time. In one embodiment, the wireless adapter 2607 is an adapter, such as a USB adapter, dongle, or other wireless interface configured to receive wireless communications from the portable endoscope 2600, and may decode, decrypt, or format the video signal retrieved by the camera of the endoscope 1202 for view by a medical professional or other party. The wireless adapter 2607 may utilize any of the standards that are previously described to communicate with the portable endoscope 2600. The wireless adapter 2607 may be internally integrated with the computing device 2614 (e.g., Bluetooth, near field communications, WiFi, etc.) or may be externally connected.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Laser to replace the flexible cable/wired connection between the electronic device and the camera of the video stylet with a wireless connection including a wireless adapter internally integrated in the camera and configured to transmit wireless communications to the electronic device as taught by Alexander et al. as an alternate and functionally equivalent means for transmitting a signal between a camera and a monitor for viewing a procedure site which provides the added benefit of having no external cables between the two, giving a practitioner less components to work around during use.
Regarding Claims 25-26 as best understood, the combination of Laser and Alexander et al. discloses the claimed invention as stated above in claim 24, and Laser further discloses the holder further including a shell (mushroom fastener 3, Figs. 1 & 9, Paragraph [0031]) configured to cover the end cap and coupled to the mount (Fig. 1), where the shell is configured to couple to a back side (at fastener array 5, Fig. 9) of the mount (Fig. 1).
Claim(s) 34-36, 38 & 40-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dhonneur (US PG Pub No. 2011/0152620) in view of Alexander et al. (US PG Pub No. 2013/0096378).
Regarding Claims 34-36, 38 & 40-42, Dhonneur discloses a laryngoscope (glottiscope, Figs. 1-6) comprising: a handle portion (3, Fig. 1, Paragraph [0034]); a curved/variation blade portion (blade 1 including 1a, 1b has both straight and curved portions, Fig. 6, Paragraphs [0036-0039]) coupled to the handle portion, wherein the handle portion and the curved blade portion are integrated parts (handle 3 is integral with blade portion 1a, Fig. 6); a video stylet (fiber optic viewing device 13, Figs. 1-3, and CMOS device 16/17/18, Figs. 5-6, Paragraphs [0018, 0034, 0042, 0044], “This embodiment has a viewing means comprising a fibre optic viewing device but within the context of the invention, the viewing means may include any of a fibre optic device, camera, such as CCD digital camera, viewing screen, CMOS device and/or other viewing means. A WIFI connection between the glottiscope optics and the viewing screen may be used.”) embedded within the blade portion (within narrow passage 14, Figs. 1-2, & with portions 1a, 1b, 5-6, Paragraphs [0042-0043]), the video stylet comprising a camera (optics at 5, Fig. 2, & viewing means at 16, Fig. 6, Paragraph [0034]) disposed at a distal end (front/tip) of the blade portion (Figs. 2 & 6, Paragraphs [0046-0049]), a flexible segment (distal portion of fiber optic bundle 13, Fig. 2, and distal portion of flexible tube 17, Fig. 6) coupled to the camera (at 16, Paragraph [0044]), and a malleable segment (proximal portion of fiber optic bundle 13, Fig. 2, and proximal portion of flexible tube 17, Fig. 6) coupled to the flexible segment.
Dhonneur does not disclose a wireless adapter coupled to the video stylet having a wireless communication capability and an electrical interface configured to communicate with a wireless network interface of a wireless network, wherein the malleable segment is coupled to the wireless adapter at a proximal end of the video stylet, wherein the wireless adapter is embedded within the handle and blade portions of the laryngoscope, and wherein the wireless adapter is externally accessible to a user of the laryngoscope.
Dhonneur does disclose in Paragraph [0034] that “A WIFI connection between the glottiscope optics and the viewing screen may be used.” But does not specifically depict a wireless adapter for wireless communication therebetween.
Alexander et al. discloses a portable imaging endoscope (2600, Fig. 26, Paragraphs [0148-179]) comprising a video camera (2602, Paragraph [0159]) at a distal end thereof and configured to wirelessly display a video or image content through a transceiver (2606) to a medical professional (Paragraph [0153]) on an electronic device (2612 or 2614, Fig. 26)(“For example, the portable endoscope 2600 may be utilized as a plug-and-play device with any number of computing or communications devices for utilization by medical professionals, dentists, electricians, and any number of users.”, Paragraph [0165]), wherein the endoscope can be utilized in a wired or wireless configuration (Paragraph [0165]), the wireless configuration “utilizing any number of wireless signals to communicate content to computing and/or communications devices” (Paragraph [0149]), wherein “The video captured by the camera 2602 may be transmitted directly or indirectly to the wireless device 2612 or computing device 2614. For example, the portable endoscope 2600 may wirelessly communicate with the computing device 2614 through a network 2616. The network 2616 may utilize a communication standard, such as 802.11 (e.g., 802.11n). The direct or indirect communications may represent Bluetooth, ZigBee, near field communication (NFC), WiFi, ultra-wideband, wireless USB, infrared, wireless local area network (WLAN), WiMAX, proprietary standards, or other radio frequency signals whether analog or digital that may be utilized to communicate a video signal. Any number of FCC, FDA, IEEE, ISO, CEN, ETSL ARIB, ANSI, or IEC approved communications protocols or standards may also be transmitted by the transceiver 2606. The transceiver 2606 as well as the transceiver (not shown) of the wireless device 2612 or computing device 2614 may include any of the components necessary for communicating utilising these standards. Indeed, the types of wireless or wired standards or methods of communication are numerous.” (Paragraph [0161]), wherein “The video or image signal may be received and displayed by the wireless device 2612 or computing device 2614 in real-time.” (Paragraph [0164]), wherein “a cable or wire may be utilized to communicate the video directly to the wireless device 2612, computing device 2614, or to an external transceiver that is not integrated with the case 2601 of the portable endoscope 2600. The same cable may also be utilized to power (or charge) the portable endoscope 2600 from a remote location further reducing the required size of the portable endoscope 2600. For example, a USB cable (e.g. standard, mini, micro, etc.) connected to a USB port of the portable endoscope 2600 and the wireless device 2612 may be utilized to both power the portable endoscope 2600 and view video from the portable endoscope 2600. The connector may be integrated with the case 2601 or transceiver 2606 and may allow the portable endoscope 2600 to be easily utilized in a wired or wireless configuration.” (Paragraph [0165]). Paragraph [0179] further discloses “The computing device 2614 or the wireless device 2612 may include a wireless adapter 2607. The wireless adapter 2607 is a transceiver configured to send and receive a signal to and from the portable endoscope 2600. The wireless adapter 2607 may be utilized with any number of electronic devices to receive or format the video content in real-time. In one embodiment, the wireless adapter 2607 is an adapter, such as a USB adapter, dongle, or other wireless interface configured to receive wireless communications from the portable endoscope 2600, and may decode, decrypt, or format the video signal retrieved by the camera of the endoscope 1202 for view by a medical professional or other party. The wireless adapter 2607 may utilize any of the standards that are previously described to communicate with the portable endoscope 2600. The wireless adapter 2607 may be internally integrated with the computing device 2614 (e.g., Bluetooth, near field communications, WiFi, etc.) or may be externally connected.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the laryngoscope of Dhonneur to replace the wired connection between the screen and the camera of the video stylet with a wireless connection including an externally accessible wireless adapter enclosed within the handle 3 and blade portions 1a & 1b at a proximal end 18 of the video stylet and configured to transmit wireless communications to the screen as taught by Alexander et al. as an alternate and functionally equivalent means for transmitting a signal between a camera and a screen for viewing a procedure site which provides the added benefit of minimizing the components within the handle/blade portions.
Allowable Subject Matter
Claim 1-13 are allowed. (See the non-statutory double patenting rejection above.) The following is a statement of reasons for allowance: Claims 1-13 have not been rejected using prior art because none of the references or reasonable combinations thereof could be found which disclose or suggest all of the features of the claims, and there is no reasonable motivation to modify the art of record to have these features. Additionally, the claims include allowable subject matter from allowed parent US Patent No. 11,832,800.
Claims 18-20 & 28-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JESSICA WEISS/Primary Examiner, Art Unit 3775