DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 01/20/2025 for application number 19/032,401. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendments
3. The preliminary amendments filed 06/24/2025 has been entered and made of record.
Double Patenting
4. 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).
5. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
6. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
7. Claim(s) is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 11,622,754. Although the claims at issue are not identical, they are not patentably distinct from each other: Table 1 shows comparison between the instant claims and the U.S. Patent 11,622,754 B1 claims.
Application 19/032,401:
Re. Claim 2, A method performed by an ingestible device that is designed for ingestion by a living body and that includes a camera and a propulsion component, the method comprising: receiving input that is indicative of an instruction, provided via a controller that is external to the living body, to alter a position and/or an orientation of the ingestible device; operating the propulsion component of the ingestible device based on the input; causing the camera to capture an image of a biological structure within the living body; and forwarding the image to a transceiver for wireless transmission to a destination that is external to the ingestible device.
Patent No.: 11,622,754:
1. A device designed for ingestion by a living body, the device comprising: a capsule having a pair of rounded ends, the capsule including an inner surface that defines a cavity; a camera configured to generate images of structures in the living body; a plurality of propulsors configured to control movement of the device about three mutually perpendicular axes while the device is located within the living body; a photosensor sensitive to visible, infrared, or ultraviolet light; an antenna; a processor configured to: cause the device to leave a low-power state in response to detection by the photosensor of a change in light intensity, and cause wireless transmission of the images to a receiver located outside the living body via the antenna; and a transceiver configured to modulate data representative of the images prior to transmission by the antenna.
Claim Rejections - 35 USC § 102
8. 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.
9. Claim(s) 2, 8, 11, 13-16 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iddan et al., [US Patent No.: 7,643,865 B2].
Re. Claim 2, Iddan discloses:
A method performed by an ingestible device that is designed for ingestion by a living body [capsule endoscope for ingestion |Fig.1 el 50] and that includes a camera and a propulsion component [Fig.1 elements 112 imaging device & 142 propeller], the method comprising: receiving input that is indicative of an instruction [fig.3 input in the form of current is used to control the angel and rotation of the device], provided via a controller that is external to the living body [the speed of rotor 140 may be controlled by for example a timer with a switch or a controller on for example board 124, or by for example an operator or external controller, e.g. included in an external transceiver 123 or processor 139 that may transmitting signals to device 100.], to alter a position and/or an orientation of the ingestible device [position and orientation can be controlled |Col 3 Lines 48-67 and Col 4 Lines 1-13];
operating the propulsion component of the ingestible device based on the input [a controller on for example board 124, or by for example an operator or external controller, e.g. included in an external transceiver 123 or processor 139 that may transmitting signals to device 100 | Col 3 Lines 48-67 and Col 4 Lines 1-13];
causing the camera to capture an image of a biological structure within the living body [Fig. 1 el 25 imaging camera configured to capture images in living body];
and forwarding the image to a transceiver for wireless transmission to a destination that is external to the ingestible device [The control unit 28 may include a wireless transceiver and/or transmitter unit 26 |Fig.1 el 26, 0033].
Re. Claim 8, Iddan discloses:
The method of claim 7, wherein the at least one additional component includes the camera [Fig.1a Image sensor 112].
Re. Claim 11, Iddan discloses:
A method performed by an ingestible device that is designed for ingestion by a living body [capsule endoscope for ingestion |Fig.1 el 50] and that includes a propulsion component [Fig.1 elements 112 imaging device & 142 propeller], the method comprising: receiving input that is indicative of an instruction [fig.3 input in the form of current is used to control the angel and rotation of the device], provided via a controller that is external to the living body [the speed of rotor 140 may be controlled by for example a timer with a switch or a controller on for example board 124, or by for example an operator or external controller, e.g. included in an external transceiver 123 or processor 139 that may transmitting signals to device 100.], to position the ingestible device in a given position [position and orientation can be controlled |Col 3 Lines 48-67 and Col 4 Lines 1-13];
in response to said receiving, generating a signal for operating the propulsion component of the ingestible device such that the ingestible device is positioned in the given position [a controller on for example board 124, or by for example an operator or external controller, e.g. included in an external transceiver 123 or processor 139 that may transmitting signals to device 100 | Col 3 Lines 48-67 and Col 4 Lines 1-13];
and manipulating the signal, as necessary, to maintain the given position until either a predetermined interval of time expires or another instruction is received from the controller [the speed of rotor 140 may be controlled by for example a timer with a switch or a controller on for example board 124, or by for example an operator or external controller, e.g. included in an external transceiver 123 or processor 139 that may transmitting signals to device 100 | Col 3 Lines 48-67 and Col 4 Lines 1-13].
Re. Claim 13, Iddan discloses:
The method of claim 11, wherein the ingestible device further comprises an optical sensor [Fig.1 element 112 image sensor], and wherein the method further comprises: causing the optical sensor to generate image data in response to a determination that a criterion has been met [Device 100 may transmit signals and/or data to, for example, an external transceiver 123 where such signals, sensory data or images may be stored or further processed for analysis, for example, by processor 19 and/or viewed on an external display 138, such as for example a monitor |Col 2 lines 50-67 and Col 3 Lines 1-5].
Re. Claim 14, Iddan discloses:
The method of claim 13, wherein the criterion is entry into a particular in vivo environment [an in-vivo device with an in-vivo, typically electric motor|Fig.1].
Re. Claim 15, Iddan discloses:
The method of claim 14, wherein the determination whether the ingestible device has entered the particular in vivo environment is based on an analysis of an output of a biometric sensor [device 100 configured to output sensory data for analysis of a current environment | Col 2 lines 50-67 and Col 3 Lines 1-5].
Re. Claim 16, Iddan discloses:
The method of claim 13, further comprising: 16. forwarding, in real time, the image data to a transceiver for wireless transmission to a destination that is external to the ingestible device [transmitter 127 for example may transmit image signals to the external receiving unit so that images may be viewed for example on-line and in real time as the device 100 may pass through a body lumen| Col 3 Lines 5-10].
Re. Claim 19, Iddan discloses:
A device that is designed for ingestion by a living body [capsule endoscope for ingestion |Fig.1 el 50], the device comprising: a capsule having at least one rounded end [Fig.1 capsule with round edges] and an inner surface that defines a cavity [inner surface that defines a cavity| Fig. 3];
a camera that is contained within the capsule [imaging device 112 |Fig.1] and that is configured to generate images while the device is in the living body [Fig. 1 el 25 imaging camera configured to capture images in living body];
a processor that is contained within the capsule [Processor 139 located in the capsule | Fig.1] and that is configured to cause wireless transmission of the images to a receiver located outside of the living body [transceiver 123 within capsule |Fig.1];
and a printed circuit board assembly (PCBA) that includes a plurality of rigid areas [a schematic diagram of a circuit board with rigid and flexible sections having one section with electrical coils in accordance with an embodiment of the invention |Fig.2a and 2b], each of which includes a different one of a plurality of electronic components and is connected to at least one other rigid area by a flexible area [circuit board 117 may support one or more illumination sources 118. Circuit board 119 may support, for example imager 116, and circuit board 124 may support, for example, one or more components such as transmitter 127 |Fig.2a ], so as to allow the plurality of rigid areas to be arranged parallel to each other when the PCBA is situated in the capsule [plurality of circuit boards can be situated adjacent to each other|Fig.2a].
Re. Claim 20, Iddan discloses:
The device of claim 19, wherein the PCBA further includes a conductive layer that conductively connects the plurality of electronic components mounted to the plurality of rigid areas and a non-conductive layer that is positioned adjacent the conductive layer [Fig. 2a Coils 148 may take shapes other than coils and may be constructed from any suitable conductive material through which an AC or DC current may be passed in order to create an electromagnetic field and/or electromagnetic force.].
Re. Claim 21, Iddan discloses:
The device of claim 19, wherein the plurality of electronic components includes the processor [Fig. 1a processor 139].
Claim Rejections - 35 USC § 103
10. 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.
11. Claim(s) 3-6, 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iddan in view of Hyde [US Pub. No.: 20170119278 A1].
Re. Claim 3, Iddan does not distinctly disclose
The method of claim 2, further comprising: examining values that are output by a sensor and that are indicative of measurements of a characteristic of the living body.
However in the same field of endeavor Hyde discloses:
The method of claim 2, further comprising: examining values that are output by a sensor and that are indicative of measurements of a characteristic of the living body [Sensors are incorporated in the LTD to identify the location of the device. For example, image analyzers are used to identify intestinal locations (e.g., duodenum, ileocecal valve, cecum), or lesions, polyps, tumors or inflammation sites, and record the locations in memory. Additional location sensors may include a pH sensor that determines pH in the intestine or a time-keeping device that records the elapsed time of transit for the LTD. Intraluminal images transmitted in real time to the display device are informationally linked to the coincident location identifiers|0082].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hyde to have a plurality of sensors for determining measurement or calculation of living body characteristics using capsule endoscope.
Re. Claim 4, Iddan does not distinctly disclose:
The method of claim 3, wherein said operating comprises generating a signal for driving the propulsion component that is based on the values and varied in real time to account for changes in the values.
However in the same field of endeavor Hyde discloses:
The method of claim 3, wherein said operating comprises generating a signal for driving the propulsion component that is based on the values and varied in real time to account for changes in the values [The processing circuit 400 can also generate commands needed to generate visual or audio warnings for display on the EADCD, or a speaker thereof. In an embodiment, the processing circuit 400 also generates commands needed to drive haptic or other mechanical feedback (e.g., vibration) in real-time | 0077-0081].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hyde to use measured values to provide a means of locomotion [0081].
Re. Claim 5, Iddan does not disclose:
wherein the characteristic is pH.
However in the same field of endeavor Hyde discloses:
The method of claim 3, wherein the characteristic is pH [Ph sensor |0082].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hyde to determine the pH of a living body using capsule endoscope.
Re. Claim 6, Iddan discloses:
The method of claim 2, wherein the camera is equipped with either a charge-coupled device (CCD) or a complementary metal-oxide-semiconductor (CMOS) sensor [Imaging device 112 is CCD or CMOS image sensor |Col 2 Lines 35-40]
Iddan does not disclose the following claim limitations
that is capable of detecting electromagnetic radiation in a visible range and an infrared sensor that is capable of detecting electromagnetic radiation in an infrared range.
However in the same field of endeavor Hyde discloses:
that is capable of detecting electromagnetic radiation in a visible range and an infrared sensor that is capable of detecting electromagnetic radiation in an infrared range [the EADCD may have near infrared (NIR) sensors to detect landmark subsurface features in the lungs, such as vasculature patterns, or patterns of blood within vasculature that act as markers to identify a location in the lung. See FIG. 2A. |Fig.2A, 0091].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hyde to detect landmark subsurface features in the lungs using capsule endoscope.
Re. Claim 9, Iddan does not disclose:
The method of claim 7, wherein the sensor is configured to generate values that are indicative of a measured level of visible, infrared, or ultraviolet light.
However in the same field of endeavor Hyde discloses:
The method of claim 7, wherein the sensor is configured to generate values that are indicative of a measured level of visible, infrared, or ultraviolet light [Plurality sensors used to generate measured values in the visible and infrared light |0082].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hyde to detect and measure values in a living body at different wavelengths.
Re. Claim 17, Iddan does not distinctly disclose:
The method of claim 13, further comprising: forwarding, on a periodic basis, the image data generated over a length of time to a transceiver for wireless transmission to a destination that is external to the ingestible device.
However in the same field of endeavor Hyde discloses:
The method of claim 13, further comprising: forwarding, on a periodic basis, the image data generated over a length of time to a transceiver for wireless transmission to a destination that is external to the ingestible device [processing circuit 400 is generally configured to accept input 402 from at least one sensor. The processing circuit 400 can be configured to receive configuration and reference data 412. Input 420 data can be accepted continuously or periodically |0075].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hyde to periodically receive input from detected measurements or values from a living body.
12. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iddan [US Pub. No.: 2003/0214579 A1] in view of Hiroyuki [WO 2020/100321 A1].
Re. Claim 12, Iddan does not distinctly disclose:
The method of claim 11, wherein the propulsion component is one of multiple propulsion components, and wherein each of the multiple propulsion components is independently operated using a different one of multiple signals but the multiple propulsion components are operated in conjunction to maintain the given position.
However in the same field of endeavor Hiroyuki [WO 2020/100321 A1] discloses:
The method of claim 11, wherein the propulsion component is one of multiple propulsion components [Fig.2 four propulsors for controlling movement of the capsule endoscope], and wherein each of the multiple propulsion components is independently operated using a different one of multiple signals but the multiple propulsion components are operated in conjunction to maintain the given position [Fig.6 It is desirable that each of the motors 121a, 121b, 122a, and 122b can rotate in both the positive direction and the opposite direction, and the direction of rotation, number of rotations, and the like can be controlled independently for each motor].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Hiroyuki to examine the inside of a stomach in an endoscopic examination using a conventional capsule endoscope.
Re. Claim 7, Iddan does not disclose:
The method of claim 2, wherein the ingestible device further includes a sensor that is capable of detecting light, and wherein the method further comprises: exiting a low-power state by supplying power to at least one additional component in response to a determination that an output of the sensor is indicative of a change in light intensity.
However in the same field of endeavor Uchiyama discloses:
The method of claim 2, wherein the ingestible device further includes a sensor that is capable of detecting light, and wherein the method further comprises: exiting a low-power state by supplying power to at least one additional component in response to a determination that an output of the sensor is indicative of a change in light intensity [illumination intensity sensor for detecting the illumination intensity of the light, after operating the optical sensor 73 as the switch and turning ON the power of the control device 57. If the illumination intensity detected by the optical sensor 73 is higher than a certain level, the rate of imaging of the body cavity image by means of the image sensor and transmission of the image data by means of the wireless unit of the capsule endoscope 3 is set fast, whereas when the illumination intensity detected at the optical sensor 73 is lower than the certain level, the rate is set slow. Wherein the optical sensor 29 is configured so as to detect the illumination intensity … the light irradiated from the endoscope 8 is detected by the optical sensor 73 of the indwelling apparatus 5, and thus the detected illumination increases, and the illumination of the light detected by the light sensor 73 decreases after the endoscope 8 placed in the body cavity is taken out from the body cavity |0177-0179].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Uchiyama to control the rate of imaging based on illumination light intensity [0178].
Re. Claim 10, Iddan does not disclose:
The method of claim 2, wherein the ingestible device further includes a sensor that is capable of detecting magnetic fields, and wherein the method further comprises: exiting a low-power state by supplying power to at least one additional component in response to a determination that an output of the sensor is indicative of a change in magnetic field strength.
However in the same field of endeavor Uchiyama discloses:
The method of claim 2, wherein the ingestible device further includes a sensor that is capable of detecting magnetic fields, and wherein the method further comprises: exiting a low-power state by supplying power to at least one additional component in response to a determination that an output of the sensor is indicative of a change in magnetic field strength [The magnetic circuit is formed with the reed switch 14 by the drive control of the electromagnet 70 thereby generating the magnetic field, and thus the contacting points of the reed switch 14 contact and the power supply unit 15 supplies power to each section of the capsule endoscope 3.[0160].
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention Iddan with Uchiyama to control a capsule endoscope using magnetic body 70 based on magnetic field and the power supplied from the power supply unit 15 to each section of the capsule endoscope 3[0145].
Allowable Subject Matter
13. Claim 18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488