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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5,7-10, 14 -20, 23-26, 29, 30 are rejected under 35 U.S.C. 103 as being unpatentable over Orphanos (Pub 20240148400) in view of Lietz (Pub 20230190084).
Regarding claims 1 and 24, Orphanos discloses a surgical imaging system for
communicating images from an imaging sensor to a display device within an operating room, (Fig 5B) the surgical imaging system comprising:
a video controlling unit configured to receive the images from the imaging sensor,
the video controlling unit being sterile or sterilizable sufficient for use in the sterile field of an operating room, the video controlling unit, (see single compact device comprising electrosurgical generator 152, video processor 154, and video monitor 156 Fig 5A/5B and Para. [0054]. Also see sterilizable in Para. [0075]) comprising:
a video processor configured to alter the received images to produce processed images
from the received images, the video processor configured to produce the processed images in a protocol that is compatible with the display device for real-time or near real-time display, (see video processor 154 Fig 5A/5B and Para. [0056] disclosing video processor 154 receiving video signal from imaging device 204 and can be configured to interpret, transform, and relay video signals to be displayed in a displayable format. Also, see HDMI, DVI protocols in Para. [0075])
a transmitter configured to wirelessly and substantially lag-free transmit the processed
images from the sterile field to the display device, the transmitter configured to transmit the processed images at a frame rate compatible with a frame rate displayable by the display device, (note combination of video processor and/or wireless transceiver, Para. [0075] where video processor may convey signals to display monitor 156 Fig 5A/5B and Para. [0056]).
However, the transmitter configured to transmit the processed images with an effective
radiated power of 1-100 milliwatts, a DC interface configured to receive direct current power to power the transmitter and the video processor; and a housing containing at least in part either or both the video processor and the transmitter, the housing having at least one patient contact surface formed from a biocompatible material and sized to be supported on the patient's body in the sterile field when imaging with the imaging sensor, the video controlling unit configured to cause no trauma to the patient when supported on the patient's body are not disclosed.
In a similar field of endeavor, Lietz discloses the transmitter configured to transmit the
processed images with an effective radiated power of 1-100 milliwatts, (see powered short range of communication assembly 30 fig 1/Fig 2, which is construed to include any of the 1-100 mW range, Para. [0016]. It is further noted that class 1 Bluetooth may transmit at 1 – 100 mW range)
a DC interface configured to receive direct current power to power the transmitter and
the video processor, (see battery 34 Fig 1, construed as supplying power through a DC interface and Par. [0016])
and a housing containing at least in part either or both the video processor and the
transmitter, the housing having at least one patient contact surface formed from a biocompatible material and sized to be supported on the patient's body in the sterile field when imaging with the imaging sensor, the video controlling unit configured to cause no trauma to the patient when supported on the patient's body, (note communication assembly is provided in a housing Fig 1, which contains at least transmitter 36 Fig 1. The housing is in contact with a patient’s body such as in Fig 2. The communication assembly 30 may be made from biocompatible material and sized to be supported on the patient’s body in the sterile field when imaging with the image sensor, the communication unit 30 configured to cause no trauma to the patient when supported on the patient’s body, Para. [0015][0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Orphanos by Lietz for the benefit of communicating collected image data from within a patient’s body to external devices while allowing processing resources to be efficiently utilized by processing images in devices external to surgical instruments.
Regarding claims 2 and 17, Orphanos discloses wherein the protocol comprises High-Definition Multimedia Interface, (see HDMI Para. [0075]).
Regarding claim 3, Orphanos discloses further comprising the display device, (see video monitor 156 Fig 5A/5B).
Regarding claims 4 and 18, Orphanos discloses wherein the display device is outside of the sterile field and within the operating room, (note tower 150 may be located outside a sterile field Para. [0029]).
Regarding claim 5, Orphanos discloses further comprising the imaging sensor, the imaging sensor comprising a camera using one or more of IR, visible, UV and ICG wavelengths, (see image sensor, Para. [0073], which may be used with different intensity color profile combinations, Par. [0074]).
Regarding claims 7 and 19, Orphanos discloses claim 1. However, wherein the video controlling unit is sized to have a low profile to avoid obstructing surgical access when on the patient’s body is not disclosed.
In a similar field of endeavor, Lietz discloses wherein the video controlling unit is sized to have a low profile to avoid obstructing surgical access when on the patient's body, (Para. [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Orphanos by Lietz for the benefit of allowing devices used in surgical settings to be miniaturized for ease of portability.
Regarding claim 8, Orphanos discloses wherein the video controlling unit comprises an input for receiving input information from a user, the video controlling unit being controlled at least in part by the received input information, (note voice commands Para. [0082]).
Regarding claims 9 and 25, Orphanos discloses wherein the input comprises a tactile input, an input configured to receive voice commands, or an input configured to receive gesture commands, (note voice commands Para. [0082]).
Regarding claims 10, 20 and 26, Orphanos discloses wherein the display device comprises smart goggles configured to be worn across the eyes of a user in sterile field, the display device having an input to wirelessly receive the processed images, (note wireless headset Para. [0083]).
Regarding claims 14 and 23, Orphanos discloses further comprising computer program product for use on a computer system, the computer program product comprising a tangible, non-transient computer usable medium having computer readable program code thereon, the computer readable program code comprising program code for controlling the video controlling unit.
Regarding claim 15, Orphanos discloses claim 1. However, wherein the video controlling unit has a length, width, and height, the length being 3 to 9 inches, the width being 3 to 14 inches, and the height being 3 to 8 inches, the video controlling unit having a weight of 8 to 32 ounces is not disclosed.
In a similar field of endeavor, Leitz discloses wherein the video controlling unit has a length, width, and height, the length being 3 to 9 inches, the width being 3 to 14 inches, and the height being 3 to 8 inches, the video controlling unit having a weight of 8 to 32 ounces, (Para.[0018] disclosing small sized device. It is noted that specific dimensions of the video controlling unit are design choice). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Orphanos by Lietz for the benefit of allowing devices used in surgical settings to be miniaturized for ease of portability.
Regarding claim 16, Orphanos discloses a surgical imaging system for communicating images from an imaging sensor to a display device within an operating room, the display device configured to communicate and operate in accordance with a display protocol, the surgical imaging system, (Fig 5B) comprising:
a video controlling unit being sterile sufficient for use in the sterile field of an operating room, the video controlling unit (see single compact device comprising electrosurgical generator 152, video processor 154, and video monitor 156 Fig 5A/5B and Para. [0054]. Also see sterilizable in Para. [0075]) comprising:
a video processor configured to alter the received images to produce processed images from the received images, the video processor configured to produce the processed images in the display protocol, (see video processor 154 Fig 5A/5B and Para. [0056] disclosing video processor 154 receiving video signal from imaging device 204 and can be configured to interpret, transform, and relay video signals to be displayed in a displayable format. Also, see HDMI, DVI protocols in Para. [0075])
a transmitter configured to wirelessly and substantially lag-free transmit the processed images from the sterile field to the display device for real-time display or near real-time display, the transmitter configured to transmit the processed images with the display protocol toward the display device, (note combination of video processor and/or wireless transceiver, Para. [0075] where video processor may convey signals to display monitor 156 Fig 5A/5B and Para. [0056])
and an input for receiving input information from a user via one or more of user voice, user gesture, and direct user contact, the video controlling unit being controlled at least in part by the received input information, (see voice commands Para. [0082]).
However, a battery powered video controlling unit configured to receive the images from the imaging sensor the transmitter configured to transmit the processed images to the display device spaced at or between about 0.5 meters to 50 meters away from the transmitter, and a housing containing at least in part one or more of the video processor and the transmitter, the housing having at least one patient contact surface formed from a biocompatible material and sized to be supported on the patient's body in the sterile field when imaging with the imaging sensor, the video controlling unit configured to cause no trauma to the patient when supported on the patient's body are not disclosed.
In a similar field of endeavor, Leitz discloses
a battery powered video controlling unit configured to receive the images from the imaging sensor the transmitter configured to transmit the processed images to the display device spaced at or between about 0.5 meters to 50 meters away from the transmitter, (see battery 34 Fig 1, construed as supplying power through a DC interface and Par. [0016]. It is noted that class 1 Bluetooth may transmit at 1 – 100 mW range and covering .5-50-meter distances)
sand a housing containing at least in part one or more of the video processor and the transmitter, the housing having at least one patient contact surface formed from a biocompatible material and sized to be supported on the patient's body in the sterile field when imaging with the imaging sensor, the video controlling unit configured to cause no trauma to the patient when supported on the patient's body, , (note communication assembly is provided in a housing Fig 1, which contains at least transmitter 36 Fig 1. The housing is in contact with a patient’s body such as in Fig 2. The communication assembly 30 may be made from biocompatible material and sized to be supported on the patient’s body in the sterile field when imaging with the image sensor, the communication unit 30 configured to cause no trauma to the patient when supported on the patient’s body, Para. [0015][0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Orphanos by Lietz for the benefit of communicating collected image data from within a patient’s body to external devices while allowing processing resources to be efficiently utilized by processing images in devices external to surgical instruments.
Regarding claim 29, Orphanos discloses further comprising displaying a control interface on a handheld computer device, the method further using the control interface to control display on the display device, (see handheld tablet 860 fig 8).
Regarding claim 30, the combination discloses claim 24, however, wherein transmitting comprises transmitting the processed images to the display device at a power level sufficient to reach the display device when spaced at or between about 0.5 meters to 50 meters away from the video controlling unit is not disclosed.
In a similar field of endeavor, Lietz discloses wherein transmitting comprises transmitting the processed images to the display device at a power level sufficient to reach the display device when spaced at or between about 0.5 meters to 50 meters away from the video controlling unit, (see powered short range of communication assembly 30 fig 1/Fig 2, which is construed to include any of the 1-100 mW range, Para. [0016]. Examiner notes that it is known that CLASS 1 Bluetooth transmitters are capable of reaching transmission ranges of .5-50 meters). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Lietz for the benefit of allowing different devices to be within wireless range and minimizing signal interference.
Claim(s) 11 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Orphanos in view of Lietz in view of Hirayama (Pub 20170311777).
Regarding claims 11 and 27, the combination discloses claim 1. However, altering the
received images by changing one or more of brightness, contrast, sharpness, white balance, black level, zoom level, apply color correction, or rotation is not disclosed.
In a similar field of endeavor, Hirayama discloses wherein the video processor is configured to alter the received images by changing one or more of brightness, contrast, sharpness, white balance, black level, zoom level, apply color correction, or rotation, (Para. [0032] note brightness adjustment by video processor 30 Para. [0032] and Fig 1/fig 2/fig 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Hirayama for the benefit of allowing enhanced image display of captured images thereby allowing better viewability during surgeries.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Orphanos in view of Lietz in view of Chen (CN 202283246 U).
Regarding claim 6, the combination discloses claim 1. However, a gyroscope is not
disclosed.
In a similar field of endeavor, Chen discloses further comprising an inertial
measurement unit coupled with the imaging sensor and producing one or more of angular velocity, acceleration, position, and orientation signal relating to inertial activity of the sensor, ((Para. [0014] see gyroscope 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Chen for the benefit of relaying to viewers correct oriented images collected by image capturing sensors.
Claim(s) 12, 13, 21, 22 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Orphanos in view of Lietz in view of Orbay (Pub 20080195128).
Regarding claims 12 and 21, the combination discloses claim 1. However, air-tight
packaging having a sanitized interior is not disclosed.
In a similar field of endeavor, Orbay discloses wherein the video controlling unit is sealed in an air-tight package having a sanitized interior, (Para. [0184], note equipment used during surgery may be air-tight sealed). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by including equipment such as video processor to be contamination free by having an air-tight seal thereby preserving a contamination free environment.
Regarding claims 13 and 22, the combination discloses claim 1. However, wherein the housing is sealed to have a liquid resistant interior containing the video processor is not disclosed.
In a similar field of endeavor, Orbay discloses wherein the housing is sealed to have a liquid resistant interior containing the video processor, (Para. [0185]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by including equipment such as video processor to be contamination free by having a liquid resistant interior thereby preserving a contamination free environment.
Regarding claim 28, the combination discloses claim 24 including placing a video processor on a patient. However, further comprising removing the video controlling unit from a sterile package before placing is not disclosed.
In a similar field of endeavor, Orbay discloses placing equipment in air-tight seals, (Para. [0184]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by Orbay for the benefit of maintaining a contamination free environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUMAM M SATTI whose telephone number is (571)270-1709. The examiner can normally be reached Mon-Fri.
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HUMAM M. SATTI
Examiner
Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422
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