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 .
Election/Restrictions
Applicant’s election without traverse of Invention II, Claims 14-17, in the reply filed on 8/13/26 is acknowledged.
Status of Claims
Claims 1-17 are pending. Claims 1-13 are withdrawn from consideration.
Claim Rejections - 35 USC § 103
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 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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Margiott et al. (US 20230225642 A1), hereinafter Margiott in view of Thompson et al. (US 20230301738 A1), hereinafter Thompson.
Regarding Claim 14, Margiott teaches: A system comprising (title; abstract) : an oximeter device (abstract) comprising: a first device portion comprising: a sheath (abstract), comprising an upper portion and a lower portion, wherein the lower portion is coupled to the upper portion by a hinge (paragraph 0107-0108), and the upper and lower portions can rotate relative to each other by the hinge (figure 9); the lower portion comprises a first opening at a distal end and a second opening at a proximal end ,the upper portion comprises a third opening at a distal end, and by rotation of the hinge, the third opening can mate with the second opening to form a sealed enclosed space within the upper and lower portions (figures 9-10); a laparoscopic tube (paragraph 0301), coupled to the first opening at a proximal end of the laparoscopic tube (figure 30); and a sensor head, coupled to a distal end of the laparoscopic tube (paragraph 0302; figure 30); and a second device portion comprising: an enclosure, comprising an interior space (figure 22A); an electrical connector, formed at a distal end of the enclosure (paragraph 0054-0060); a printed circuit board comprising electrical circuitry, wherein the printed circuit board is enclosed within the interior space and coupled to the electrical connector (paragraph 0056-0058); a battery compartment, formed in the enclosure (element 207); and a display, coupled to the enclosure and the printed circuit board (abstract), wherein the enclosure of the second device portion fits into the upper portion of the sheath of the first device portion, and when the third opening mates with the second opening, the enclosure of the second device portion is within the sealed enclosed space within the upper and lower portions of the first device portion (figures 9-11); a network (paragraph 0055); and a display device, wirelessly connected to the oximeter device and separate from the operating console, wherein the display device displays oxygen saturation values measured by the oximeter device (paragraph 0049).
Margiott does not explicitly mention that the battery compartment is covered by a battery cover that forms an exterior surface of the enclosure, however official notice is being taken that a battery cover that forms an exterior surface is well known and conventional in the art.
Margiott does not mention a robot arm, coupled to the oximeter and the network; an operating console, located in a different location than the robot arm, wherein the operating console is coupled to the robot via the network.
Thompson teaches the use of a robot arm and an operating console in a similar fashion (paragraph 0059; 0205; figure 20-21; figure 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the system to include a robot arm, coupled to the oximeter and the network; an operating console, located in a different location than the robot arm, wherein the operating console is coupled to the robot via the network so that a clinician can perform medical tasks without having to enter to a sterile field.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Margiott in view of Thompson in view of Cooper et al. (US 20090030293 A1), hereinafter Cooper.
Regarding Claim 15, Margiott in view of Thompson teach: The system of claim 14 but do not mention wherein the network is secure and encrypted.
Cooper teaches the use of secure and encrypted network for transmission of data paragraph 0097). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the system to include wherein the network is secure and encrypted to protect sensitive information.
Regarding Claim 16, Margiott in view of Thompson in view of Cooper teach: The system of claim 15 wherein the display device is directly wirelessly connected to the oximeter device (Margiott - paragraph 0304).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Margiott in view of Thompson in view of Kmak et al. (US 20210212583 A1 – cited by Applicant), hereinafter Kmak.
Regarding Claim 17, Margiott in view of Thompson teach: The system of claim 14 but does not explicitly mention wherein the lower portion comprises an electrical connector, and when the first device portion is within the sealed enclosed space of the first device portion, the electrical connector the first device portion couples to the electrical connector of the lower portion.
Kmak teaches wherein the lower portion comprises an electrical connector, and when the first device portion is within the sealed enclosed space of the first device portion, the electrical connector the first device portion couples to the electrical connector of the lower portion (paragraph 0089-0093). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the system to include wherein the lower portion comprises an electrical connector, and when the first device portion is within the sealed enclosed space of the first device portion, the electrical connector the first device portion couples to the electrical connector of the lower portion so that a user can ensure the internal device is securely held and protected from contaminants.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY B SHAH whose telephone number is (571)272-0686. The examiner can normally be reached M-F 8-5.
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JAY SHAH
Primary Examiner
Art Unit 3791
/JAY B SHAH/Primary Examiner, Art Unit 3791
