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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bullard (U.S. Patent Application Publication 2012/0215069).
Regarding claim 1, Bullard discloses an intubation system, comprising: an intubation instrument for capturing an image, wherein the intubation instrument has a first interface for providing an image signal representing the captured image, the first interface including a first web (Figs. 1, 2, 4, 5A, and 5B; paragraph [0032] – the illumination bundle in channel 22 is connected to a suitable light source (not shown) and transmits light to the distal end 16 of the elongated blade 12 into an area beyond the distal end of the blade, e.g., the laryngeal area of the throat – the image channel 24 is provided to house a bundle of image transmitting fibers for transmitting visual images from the laryngeal area – this bundle is connected to a suitable image viewing device 50, such as a video monitor and transmits images of the areas proximate the distal end 16 of elongated blade 12 to the image viewing device 50 for observation – the working channel 26 communicates from the distal end 16 of blade 12 through the handle 30 to the stylet port 33; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used); a display device with a second interface for receiving the image signal, wherein the display device is provided and designed to display the image captured by the intubation instrument, the second interface including a second web (Figs. 1, 2, 4, 5A, and 5B; paragraph [0032] – the illumination bundle in channel 22 is connected to a suitable light source (not shown) and transmits light to the distal end 16 of the elongated blade 12 into an area beyond the distal end of the blade, e.g., the laryngeal area of the throat – the image channel 24 is provided to house a bundle of image transmitting fibers for transmitting visual images from the laryngeal area – this bundle is connected to a suitable image viewing device 50, such as a video monitor and transmits images of the areas proximate the distal end 16 of elongated blade 12 to the image viewing device 50 for observation – the working channel 26 communicates from the distal end 16 of blade 12 through the handle 30 to the stylet port 33; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used); and wherein the first web of the first interface and the second web of the second interface are configured to visually align the intubation instrument to the second interface of the display device, so as to couple the intubation instrument with the display device, wherein electrical power is transmitted from the display device to the intubation instrument and the image signal is transmitted from the intubation instrument to the display device (Figs. 1, 2, 4, 5A, and 5B; paragraph [0032] – the illumination bundle in channel 22 is connected to a suitable light source (not shown) and transmits light to the distal end 16 of the elongated blade 12 into an area beyond the distal end of the blade, e.g., the laryngeal area of the throat – the image channel 24 is provided to house a bundle of image transmitting fibers for transmitting visual images from the laryngeal area – this bundle is connected to a suitable image viewing device 50, such as a video monitor and transmits images of the areas proximate the distal end 16 of elongated blade 12 to the image viewing device 50 for observation – the working channel 26 communicates from the distal end 16 of blade 12 through the handle 30 to the stylet port 33; paragraph [0033] – power source for the entire system; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used).
Regarding claim 2, Bullard discloses all of the limitations as previously discussed with respect to claim 1 including that wherein the first interface is generally cylindrical and the first web protrudes radially from an outer surface of the first interface (Figs. 5A and 5B; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used).
Regarding claim 3, Bullard discloses all of the limitations as previously discussed with respect to claims 1 and 2 including that wherein an area of the outer surface of the first interface is rotationally symmetric with respect to an axis of symmetry, and wherein the first web is parallel to the axis of symmetry (Figs. 5A and 5B; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used).
Regarding claim 4, Bullard discloses all of the limitations as previously discussed with respect to claims 1-3 including that wherein an area of an outer surface of the second interface is rotationally symmetric with respect to an axis of symmetry, and wherein the second web is parallel to the axis of symmetry (Figs. 5A and 5B; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used).
Regarding claim 5, Bullard discloses all of the limitations as previously discussed with respect to claims 1-4 including that wherein the first web and the second web have similar cross sections (Figs. 5A and 5B; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used).
Regarding claim 6, Bullard discloses all of the limitations as previously discussed with respect to claims 1-5 including that wherein the first interface and the second interface are configured to transmit the electrical power and the image signal only when the first web and the second web are flush against each other (Figs. 5A and 5B; paragraph [0033] – power source for the entire system; paragraph [0038] – the adapter 40, as shown in Fig. 4 has a body 42 – the adapter body 42 is connected to the tubular channel 41 at connection 43 by screws 48 – the interior of the adapter body 42 is open to accommodate locking arms 45 controlled by quick release lever 44 – as shown in Fig. 5A of the adapter shows the locking arms 45 is a closed position, whereas in Fig. 5B the quick release lever 44 is moved counterclockwise placing the locking arms 45 in an open position – to attach the video imaging device 50 to the adapter, the locking rim 53 of the device is placed in the hollow position of the adapter body 42 and the lever 44 is moved counterclockwise to a closed position locking the video imaging device firmly in position as shown in Fig. 6 – other locking means such as a bayonet type locking system may be used; a secure connection would be required for full functionality).
Allowable Subject Matter
Claims 7-20 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Prior art, alone or in combination, fails to teach or fairly suggest, in combination with all of the other elements claimed:
the intubation system further including a cable, the cable having a third interface at a first end of the cable and with a fourth interface at a second end of the cable, wherein the third interface is configured to couple with the first interface of the intubation instrument the fourth interface is configured to couple with the second interface of the display device, the third interface including a third web and the fourth interface including a fourth web (dependent claim 7, which depends from claim 1; claims 8-20 depend from claim 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER R JONES whose telephone number is (571)272-7368. The examiner can normally be reached Mon. - Fri.: 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at (571)272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEATHER R JONES/Primary Examiner, Art Unit 2481
September 5, 2026