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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/10/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 2-4, 8-9 are objected to because of the following informalities:
Claims 2-4, 8-9 recites, “in which” in line 1. Instead, it should read “wherein”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1-13 is/are rejected under 35 U.S.C. 102 as being anticipated by Elson (US 20210068645).
Regarding claim 1, Elson discloses a medical device (FIG. 1; abstract) comprising:
an otoscope (speculum 6), the otoscope comprising a speculum having a first end and a second end, wherein the first end comprises a first opening, and wherein the second end comprises a second opening (FIG. 6), the first opening defining a larger diameter than the second opening (FIG. 6); an attachment means (speculum mount; smartphone mount 8; FIG. 1; para [0013]);
a camera (FIG. 3; smart phone 10; para [0031]); and
a medical instrument (Microsuction device is inserted; cannula arrangement for providing micro suction; FIG. 8. para [0039], [0048]);
in which the camera is attached to the otoscope at the first end in a position such that it can view a region beyond the second opening through the otoscope (The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. Abstract; para [0039]); and in which the medical instrument passes through the otoscope (Micro suction is allowed through the ear canal. Para [0027], [0056]).
Regarding claim 2, Elson discloses in which the instrument passes through the first opening and the second opening such that the instrument can be operated by a user from beyond the first opening to operate in the region beyond the second opening (The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. Abstract; Para [0027], [0056]).
Regarding claim 3, Elson discloses in which there is a gap between the camera and the speculum through which the medical instrument passes (FIG. 3).
Regarding claim 4, Elson discloses in which the medical instrument is selected from the group comprising microsuction tools (Cannula arrangement for providing micro suction; FIG. 8. para [0039], [0048]; The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. abstract), wax hooks and Jobson Horne Probes.
Regarding claim 5, Elson discloses wherein the speculum is an ear speculum (FIG. 3).
Regarding claim 6, Elson discloses comprising a viewing device in communication with the camera (smart phone 10; FIG. 3).
Regarding claim 7, Elson discloses comprising viewing the region beyond the second opening using the camera, and operating on the region beyond the second opening using the medical instrument (The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. abstract).
Regarding claim 8, Elson discloses in which the region beyond the second opening is an ear canal of a patient and the step of operating on the region beyond the second opening comprising using the medical instrument to operate on the ear canal (The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. Abstract; Cannula arrangement for providing micro suction; FIG. 8. para [0039], [0048]).
Regarding claim 9, Elson discloses in which the step of operating on the ear canal comprises removing ear wax or debris in the ear canal (The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. Abstract; Cannula arrangement for providing micro suction; FIG. 8. para [0039], [0048]).
Regarding claim 10, Elson discloses an otoscope (FIG. 1; abstract), comprising:
a speculum that defines a first end and a second end (FIG. 3), wherein the first end comprises a first opening, and wherein the second end comprises a second opening (FIG. 3); an attachment means attached to the first end of the speculum (speculum mount; smartphone mount 8; FIG. 3; para [0013]); and
a mobile phone (smart phone 10) comprising a digital camera received in the attachment means that can view beyond the second opening;
in which there is a gap between the speculum and the mobile phone to allow the passage of instruments through the speculum (Cannula arrangement for providing micro suction; FIG. 8. para [0039], [0048]; FIG. 3).
Regarding claim 11, Elson discloses otoscope configured to allow the instruments to reach through the first opening and the second opening of the speculum such that the instruments can be operated by a user from beyond the first opening to operate in the region beyond the second opening (The tool enables a clear view of the ear canal while allowing access by, and manipulation of, a microsuction tool being inserted into the ear canal. Abstract; Cannula arrangement for providing micro suction; FIG. 8. para [0039], [0048]).
Regarding claim 12, Elson discloses otoscope comprising a lighting system (The light source may be a flashlight of the smartphone. Para [0031]), typically within the digital camera.
Regarding claim 13, Elson otoscope discloses a viewing device in communication with the digital camera (display screen on the smart phone 10; para [0031]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892. See Hasbun (US 20120245422), Fuller (US 20070261494), Shehadeh (US 20120088976), Goldfarb (US 20200337544) for similar disclosures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 7/13/26
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