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 § 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.
Claims 1-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Weeks et al. (US 2022/0304559).
Regarding Claim 1, Weeks discloses:
An endoscope for use in a surgical procedure, comprising:
a handle for gripping by a user (112);
a shaft (114) extending from the handle, the shaft having a working channel (128; see Paragraph 0081) extending longitudinally therethrough (see Fig. 5), the shaft having a distal region (118) configured to be inserted into a patient (the distal tip goes into the patient as is known in the art);
an illumination source (LEDs 164, see Paragraph 0086) and a camera sensor (camera 166, see Paragraphs 0122 and 0128) mounted at the distal region of the shaft, the camera sensor configured for generating image signals related to the surgical procedure (the camera sends image signals related to the area being imaged);
an electronic control module on the handle (see Paragraph 0073 describing the controls on handle 112), the electronic control module including a first button (Paragraph 0073 indicating that the controls can include buttons) configured to transmit a first signal upon being pressed, and a second button (Paragraph 0073 indicating that the controls can include buttons) configured to transmit a second signal upon being pressed; and
an external video control unit (104), the external video control unit including a menu of different video control functions (see Paragraph 0073 listing multiple functions that are controlled by the buttons), wherein the external video control unit is pre-programmed such that the first signal is mapped to a first function from the menu of video control functions so that the external video control unit causes the first function to be performed when the first button is pressed (see Paragraph 0073, user inputs (i.e., buttons) may be control specific such that pushing one button does one thing as discussed in the Paragraph), and such that the second signal is mapped to a second function from the menu of video control functions so that the external video control unit causes the second function to be performed when the second button is pressed (see Paragraph 0073, multiple functions are listed, which means there are options for the user, making this a menu, and multiple buttons are disclosed where user inputs control specific functions such that the first button controls one function and the second controls a different function).
Weeks is somewhat unclear as to whether or not the camera 166 is a camera sensor. Elsewhere in the disclosure, Weeks explicitly lists CCD and CMOS camera chips (see Paragraphs 0122 and 0128), which are common, well-known options in the art. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Weeks camera 166 to be a sensor as described in other embodiments. Such a modification incorporates well-known digital cameras into the distal tip to acquire images as is known in the art.
Regarding Claim 2, Weeks further discloses a video display device (see Fig. 1 and Paragraph 0070) connected to the external video control unit and configured to provide a display corresponding to the image signals generated by the camera sensor (see also Fig. 21A showing display/image processor 104).
Regarding Claim 3, Weeks further discloses wherein the external video control unit causes the first or second functions to be performed by the video display device, such that the video display device changes at least one aspect of the display based on the first or second function (see Paragraph 0073 discussing the different functions such as capturing images or video or marking areas of interest).
Regarding Claim 4, Weeks further discloses a video output cable (110) extending from the handle to the external video control unit (see Fig. 1 showing the cable extending from the handle of 100 to 104), the video output cable configured to transmit the image signals generated by the camera sensor, and to transmit the first and second signals from the first and second buttons to the external video control unit (see Paragraph 0062).
Regarding Claim 5, Weeks further discloses wherein the first button is a white balancing button, and wherein the external video control unit is pre-programmed such that the first signal is mapped to a white balancing function from the menu of video control functions, so that the external video control unit causes a white balancing function to be performed when the white balancing button is pressed (see Paragraph 0122 discussing using the buttons for white balancing). While this is not explicitly mentioned with the embodiment of Fig. 1, the function and the buttons of Figs. 17A-17C would be applicable to those of Fig. 1 because white balancing is useful for imaging. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Weeks’ first embodiment to include the other embodiment’s white balancing function. Such a modification provides the useful white balancing function for images acquired using the first embodiment.
Regarding Claim 6, Weeks further discloses wherein the second button is an image capture button, and wherein the external video control unit is pre-programmed such that the second signal is mapped to an image capture function from the menu of video control functions, so that the external video control unit causes the image capture function to be performed when the image capture button is pressed (see Paragraphs 0073 and 0122 discussing using a button for image capture).
Regarding Claim 7, Weeks further discloses wherein the menu of video control functions includes one or more of a white balancing function, an image capture function, a zoom function, a video capture start function, a video capture stop function, a brightness change function, a start video conference function, a change color spectrum function, a zoom picture function, a magnify picture function, a measure size of object function, a measure distance of object function, and a launch program or any other keyboard function on an external computer (see Paragraphs 0073 and 0122 discussing the buttons being mapped to image capture, video capture, area of interest, and image color/brightness adjustments).
Regarding Claim 10, Weeks further discloses wherein the image signals include video images (see Paragraphs 0073 and 0122 discussing video images).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Weeks et al. (US 2022/0304559) in view of Hopkins, JR. (US 2017/0325671).
Weeks discloses the invention substantially as claimed as stated above.
Regarding Claim 8, Weeks does not explicitly disclose a circuit board located at the distal region of the shaft, the circuit board having the illumination source and the camera sensor mounted thereon. Hopkins teaches placing a CCD and LEDs on a PCB at the distal end of an endoscope (see Figs. 2-6 and Paragraph 0031). The Examiner notes that this has become common in the art for mounting cameras and LEDs. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Weeks’ device to include Hopkins distal circuit board. Such a modification provides a well-known means for attaching the camera sensor and LEDs to the distal end.
Regarding Claim 9, Weeks as modified further discloses an electrical cable extending longitudinally through the shaft from the circuit board to the handle (see Weeks Paragraph 0074 and 713 in Fig. 17C).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY JAY NEAL whose telephone number is (313)446-4878. The examiner can normally be reached Mon-Fri 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571)272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J NEAL/ Primary Examiner, Art Unit 3795
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