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 .
Status of Claims
Claims 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/20/2025 has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the trocar (claim 10) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the optical flow sensor (claim 11) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 11, and 13-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim et al. (U.S. 2023/0015694).
With respect to claim 1, Lim et al. teaches a system comprising:
an endoscope comprising:
an endoscope body shaped to enter a portion of a body, the endoscope body defining a proximal end and a distal end opposite the proximal end (FIG. 1);
an insertion depth sensor (70,72) configured to generate an insertion depth signal based on an insertion depth of the endoscope body within the portion of the body;
and an inertial measurement unit (36,37, para [0046]) disposed at the distal end of the endoscope body, the inertial measurement unit configured to generate an orientation signal based upon an orientation of the inertial measurement unit (para [0066]); and
a controller (100) operatively coupled to the insertion depth sensor and the inertial measurement unit, the controller including logic that, when executed, causes the system to perform operations including:
generating positional information of the distal end of the endoscope body within the portion of the body based upon the insertion depth signal and the orientation signal (FIG. 5,7 for example).
With respect to claim 2, Lim et al. teaches alternating markings disposed on the endoscope body, wherein the alternating markings are rotationally invariant about the endoscope body;
wherein the alternating markings have equal widths along a longitudinal axis of the endoscope body (FIG. 3).
With respect to claim 4, Lim et al. teaches an analogous system wherein the insertion depth sensor comprises a quadrature encoder (para [0054]).
With respect to claim 5, Lim et al. teaches the first sensor is a first optical sensor (70) positioned to receive light scattered or reflected from the first portion of the endoscope body;
wherein the second sensor is a second optical sensor (72) positioned to receive light scattered or reflected from the second portion of the endoscope body; and
wherein the alternating markings comprise:
a plurality of first bands having a first color (60); and
a plurality of second bands having a second color different than the first color (62), wherein second bands of the plurality of second bands are interspersed between first bands of the plurality of first bands (FIG. 3).
With respect to claim 11, Lim et al. teaches the insertion depth sensor is an optical flow sensor (70,72).
With respect to claim 13, Lim et al. teaches generating positional information of the distal end of the endoscope body within the portion of the body comprises generating a three-dimensional map of the portion of the body based on a path the distal end has travelled within the portion of the body (FIG. 8).
With respect to claim 14, Lim et al. teaches a user interface (110) configured to receive input from a user to annotate the three-dimensional map based on the input from the user (para [0022]-[0023]).
With respect to claim 15, Lim et al. teaches generating a marker signal when the distal end is located in a portion of the path corresponding to an annotated portion of the three-dimensional map (para [0022]-[0023]).
With respect to claim 16, Lim et al. teaches a method of determining a position of a distal end of an endoscope in a portion of a body, the method comprising:
measuring an insertion depth of the endoscope in the portion of the body (406);
measuring an orientation of the distal end of the endoscope (402,404); and
determining the position of the distal end of the endoscope in the portion of the body based upon the measured insertion depth of the endoscope and the measured orientation of the distal end of the endoscope (408).
With respect to claim 17, Lim et al. teaches measuring the insertion depth of the endoscope in the portion of the body comprises generating, with an insertion depth sensor, an insertion depth signal based on the insertion depth of the endoscope within the portion of the body (406);
measuring the orientation of the distal end of the endoscope comprises generating, with an inertial measurement unit disposed at the distal end of the endoscope, an orientation signal based upon an orientation of the inertial measurement unit (402,404); and
determining the position of the distal end of the endoscope comprises generating positional information of the distal end of the endoscope body within the portion of the body based upon the insertion depth signal and the orientation signal (408).
With respect to claim 18, Lim et al. teaches generating positional information of the distal end of the endoscope body within the portion of the body comprises generating a three-dimensional map of the portion of the body based on a path the distal end has traveled within the portion of the body (408).
With respect to claim 19, Lim et al. teaches generating an annotation signal based on a user input received from a user interface to annotate a portion of the three-dimensional map (para [0022]-[0023]).
With respect to claim 20, Lim et al. teaches generating a marker signal when the distal end is located in the portion of the path corresponding to the annotated portion of the three-dimensional map (para [0022]-[0023]).
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) 3, 8, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (U.S. 2023/0015694) in view of Whitin et al. (U.S. 2004/0176683).
Lim et al. teaches a system as set forth above. However, Lim et al. does not teach the insertion depth sensor defines an aperture shaped to receive the endoscope body. Lim et al. further does no teach a magnetic sensor. Finally Lim et al. does no teach capacitive sensing.
With respect to claim 3, Whitin et al. teaches an analogous system wherein the insertion depth sensor defines an aperture (100) shaped to receive the endoscope body.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Lim et al. utilize the structure of the external sensing device in the manner taught by Whitin et al. in order to provide a physical structure that can be positioned externally of the patient adjacent ot an opening into a body cavity (para [0078] of Whitin et al.).
With respect to claim 8, Whitin et al. teaches the first sensor and the second sensor are magnetic sensors positioned to generate insertion depth signals based on a magnetic field or a magnetic dipole moment (FIG. 21A for example); and
wherein the alternating markings comprise:
a plurality of first bands having a first magnetic polarity (304); and
a plurality of second bands interspersed between first bands of the plurality of first bands (306), wherein the plurality of second bands has a second magnetic polarity different than the first magnetic polarity.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Lim et al. to utilize magnetic sensors in the manner taught by Whitin et al. because Whitin et al. teaches magnetic sensing is a known alternative to optical sensing (see para [0087] of Whitin et al. for example) such that one of ordinary skill in the art could substitute magnetic sensing for optical sensing and the results would have been predictable.
With respect to claim 9, Whitin et al. teaches the insertion depth sensor is shaped to remain at an insertion point in the portion of the body and allow the endoscope body to pass through the aperture into and out of the portion of the portion of the body (FIG. 7B for example).
With respect to claim 12, Whitin et al. teaches the insertion depth sensor comprises a plurality of capacitive sensors disposed along the endoscope body. wherein a capacitive sensor of the plurality of capacitive sensors is configured to generate a capacitive insertion depth signal when the capacitive sensor is inserted within and in contact with the portion of the body (para [0066]-[0071]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Lim et al. to utilize capacitive sensors in the manner taught by Whitin et al. because Whitin et al. teaches capacitive sensing is a known alternative to optical sensing (see para [0087] of Whitin et al. for example) such that one of ordinary skill in the art could substitute capacitive sensing for optical sensing and the results would have been predictable.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (U.S. 2023/0015694) in view of Vecerina et al. (U.S. 2005/0075558).
Lim et al. teaches a system as set forth above. However, Lim et al. does not teach the insertion depth sensor defines a slit shaped to allow the first light to pass through to the first portion of the endoscope body.
With respect to claim 6, Vecerina et al. teaches a first light source (31) positioned to emit first light onto the first portion of the endoscope body,
wherein the insertion depth sensor defines a slit (11) shaped to allow the first light to pass through to the first portion of the endoscope body (FIG. 1).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Lim et al. to utilize the slit in the insertion depth sensor in the manner taught by Vecerina et al. in order to allow the imaging element of the depth sensor to have a maximum field of vision of the endoscope as it passes through the insertion depth sensor (para [0027] of Vecerina et al.).
With respect to claim 7, Vecerina et al. teaches a light baffle (12) positioned between the first sensor and the first light source, wherein the light baffle is configured to block the first light from passing directly from the first light source to the first sensor.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (U.S. 2023/0015694) in view of Loo et al. (U.S. 2021/0378543).
Lim et al. teaches a system as set forth above. However, Lim et al. does not teach the insertion depth sensor is a trocar.
With respect to claim 10, Loo et al. teaches an analogous system wherein the insertion depth sensor is a trocar (FIG. 1A).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the insertion depth sensor of Lim et al. to utilize a trocar in the manner taught by Loo et al. in order to fix the insertion depth sensor with respect to the patient (para [0040] of Loo et al.).
Conclusion
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/ALEXANDRA L NEWTON/ Primary Examiner, Art Unit 3799
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