Patent Application 14727975 - STEERABLE ELECTRONIC STEREOSCOPIC ENDOSCOPE

Title: STEERABLE ELECTRONIC STEREOSCOPIC ENDOSCOPE
Application Information

Invention Title: STEERABLE ELECTRONIC STEREOSCOPIC ENDOSCOPE
Application Number: 14727975
Submission Date: 2025-04-10T00:00:00.000Z
Effective Filing Date: 2015-06-02T00:00:00.000Z
Filing Date: 2015-06-02T00:00:00.000Z
National Class: 600
National Sub-Class: 111000
Examiner Employee Number: 93146
Art Unit: 3795
Tech Center: 3700
Rejection Summary

102 Rejections: 0
103 Rejections: 3
Cited Patents

The following patents were cited in the rejection:
Office Action Text



    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, 5, 7-8, 11, 13, 16, 18, and 46-48 are pending, claims 2-4, 6, 9-10, 12, 14-15, 17, and 19-45 have been cancelled, and claims 1, 5, 7-8, 11, 13, 16, 18, and 46-48 are currently under consideration for patentability under 37 CFR 1.104. 

Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 12/31/2024 has been entered.

 Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 7 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA  35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA  35 U.S.C. 103(a) 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.
Claims 1, 5, 7-8, 11, 13, and 18 are rejected under pre-AIA  35 U.S.C. 103(a) as being unpatentable over Danieli (US 4,873,965), in view of Danitz (US 2004/0236316) and Chiba (US 5,860,912) and Lee (US 2008/0015631).
Regarding claim 1, Danieli discloses a steerable stereoscopic endoscope (see figure 11) comprising: a shaft (see 1a-3a, figure 6) having a distal end (see distal end of 1a, figure 6), a proximal end (see proximal end of 3a, figure 6), and an articulating region (see articulated lengths 1a and 2a, figure 6) therebetween, wherein the articulating region comprises a first longitudinal hole (channel for the endoscope electrical cables; Col. 5, line 38) for electronic leads (Col. 5, line 38) and a second longitudinal hole (channel for bundle of optic fibers; Col. 5, line 40) for optical fibers separately passing therethrough (bundle of optic fibers for the lighting means; Col. 5, line 40), wherein at least one electronic lead passes through the first longitudinal hole and at least one optical fiber passes through the second longitudinal hole (interpreted as functional language | Col. 5, lines 38-40), a plurality of stacked spacer elements (see 4I and 4II, figure 6), a first deck (tip P, figure 6) and a second deck (8’A, figure 6), and a third deck (8A, figure 6) disposed intermediate the first deck and the second deck. Danieli is silent regarding the articulating region further comprises a wire spine having a distal end and a proximal end; a plurality of stacked spacer elements, each of which is coaxially mounted on the wire spine, the first deck mounted to the distal end of the wire spine and the second deck mounted to the proximal end of the wire spine, and the third deck disposed intermediate the first deck and the second deck and slidably supported by the wire spine; a pair of electronic image sensor assemblies optically aligned and fixedly bonded at the distal end of the shaft for acquiring stereo images of a remote site; a steering and brake assembly mounted to the proximal end of the shaft for controlling the disposition of the portion of the shaft distal to the articulating region of the shaft, wherein the steering and brake assembly comprises: a brake and a brake pull wire connected to the brake, wherein the brake pull wire is configured to increase tension on the brake upon rotating the brake pull wire sufficient to hold the portion of the shaft distal to the articulating region of the shaft in a first view orientation.
Danitz teaches an articulating mechanism for endoscopes ([0009]). The articulating mechanism (100, figure 1a) has a plurality of links (A-D, figure 1a) with a spacer element (112, figure 1a). The proximal links are connected to the distal links by cables (104, figure 1a | [0033]). Each link or segment at the proximal end of the articulating mechanism is connected to its corresponding link or segment at the distal end by two or more cables ([0040]). By combining a plurality of link or segment pairs, multiple degrees of freedom are achieved, allowing the articulating mechanism to be shaped into various complex configurations ([0040]). 
Chiba teaches a stereoscopic vision endoscope with two CCDs and two corresponding objective lens systems (abstract; 21R and 21L, figure 6).  Two light guides (10, figure 6) corresponding to two illumination lens (18a-b, figure 6) illuminate an object. 
Lee teaches a surgical instrument (10, figure 1) with a distal bendable member (20, figure 2) to position a tip/end effector (16, figure 2). The distal bendable member is comprised of spaced discs (110, figure 2) that are between the spaced slots (112, figure 2). The handle (12, figure 2) can be tilted, where this action causes a corresponding bend at the distal bendable member ([0047]). A rotation knob (24, figures 1 and 15), proximal bending member (18, figure 15), and adapter (26, figure 15) accommodate four bend control cables (100, figure 15) and four lock control cables (160, figure 15) which are connected to an angle locking means/mechanism (140, figure 14). To lock the locking mechanism in a particular bent condition, the rotation knob is moved proximally (figure 14), which locks the position of the proximal bendable member (18, figure 15) and via the cables (100, figure 15) also locks the position of the distal bendable member ([0083]). 
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the endoscope of Danieli to have cables (104, figure 1a) to fix a proximal link with a corresponding distal link as taught by Danitz ([0043]). Doing so would achieve multiple degrees of freedom and allow the endoscope to be shaped into various complex configurations ([0040]). Further it would have been obvious to modify Danieli to have stereoscopic imaging capabilities as taught by Chiba. Doing so would provide a stereoscopic image that is superior in quality (Col. 5, lines 28-36). Additionally, it would have been obvious to modify the endoscope of Danieli with the handle (12, figure 2), adapter (26, figure 15), proximal bendable member (18, figure 2), rotation knob (24, figure 2), four lock control cables (160, figure 15), and a locking mechanism (140, figure 15) as taught by Lee. Doing so would lock the shape/position of the instrument/endoscope ([0083]; Lee). The modified endoscope would have the articulating region further comprises a wire spine (104, figure 1a; Danitz) having a distal end and a proximal end (proximal links connected to the distal link [0033]; Danitz); the plurality of stacked spacer elements, each of which is coaxially mounted on the wire spine (see figure 1a; Danitz | see figures 7-8; Danieli), the first deck mounted to the distal end of the wire spine and the second deck mounted to the proximal end of the wire spine (proximal link…distal link…cable [0033]; Danitz), and the third deck slidably supported by the wire spine (see cable 104 run through 112, figure 1a; Danitz); a pair of electronic image sensor assemblies (two CCDs; Abstract; Chiba) optically aligned and fixedly bonded at the distal end of the shaft for acquiring stereo images of a remote site (see 21-22R and 21-22L, figure 7; Chiba); a steering and brake assembly (see 12, 18, 24, and 140, figure 2; Lee) mounted to the proximal end of the shaft (see connection to 26, figure 2; Lee) for controlling the disposition of the portion of the shaft distal to the articulating region of the shaft, wherein the steering and brake assembly comprises: a brake (see proximal bending member 18 and insert collar 104, figure 15; Lee) and a brake pull wire (160, figure 15; Lee) connected to the brake, wherein the brake pull wire is configured to increase tension on the brake (cables 160…this, in turn, locks the position of the proximal bendable member… [0083]; Lee) upon rotating the brake pull wire sufficient to hold the portion of the shaft distal to the articulating region of the shaft in a first view orientation (rotations…locking mechanism [0084]; cables 160…lock the cables…[0085], Lee; the brake pull wire can be rotated through the rotation knob 24 to a first view orientation and then locked through the positioning of the rotation knob).
Regarding claim 5, Danieli further discloses fiber optic illumination bundles (bundle of optic fibers for the lighting means; Col. 5, line 40; Danieli) for delivering light to the distal end of the shaft.  
Regarding claim 7, Danieli discloses a steerable endoscope (see figure 11) comprising: a shaft (see 1a-3a, figure 6) having a distal end (see distal end of 1a, figure 6), a proximal end (see proximal end of 3a, figure 6), and an articulating region (see articulated lengths 1a and 2a, figure 6) therebetween, wherein the articulating region comprises a first longitudinal hole (channel for the endoscope electrical cables; Col. 5, line 38) for electronic leads (functional language | Col. 5, line 38) and a second longitudinal hole (channels for bundle of optic fibers; Col. 5, line 40) for optical fibers (functional language | bundle of optic fibers for the lighting means; Col. 5, line 40) separately passing therethrough, wherein at least one electronic lead passes through the first longitudinal hole and at least one optical fiber passes through the second longitudinal hole (functional language | Col. 5, lines 38-40); a plurality of stacked spacer elements (see 4I and 4II, figure 6). Danieli is silent regarding a pair of electronic image sensor assemblies optically aligned and fixedly bonded at the distal end of the shaft for acquiring an image of a remote site; a wire spine having a distal end and a proximal end; the plurality of stacked spacer elements, each of which is coaxially mounted on the wire spine, and a steering and brake assembly mounted to the proximal end of the shaft for controlling the disposition of the portion of the shaft distal to the articulating region of the shaft, wherein the steering and brake assembly comprises: a brake and a brake pull wire connected to the brake, wherein the brake pull wire is configured to increase tension on the brake upon rotating the brake pull wire sufficient to hold the portion of the shaft distal to the articulating region of the shaft in a first view orientation.
Danitz teaches an articulating mechanism for endoscopes ([0009]). The articulating mechanism (100, figure 1a) has a plurality of links (A-D, figure 1a) with a spacer element (112, figure 1a). The proximal links are connected to the distal links by cables (104, figure 1a | [0033]). Each link or segment at the proximal end of the articulating mechanism is connected to its corresponding link or segment at the distal end by two or more cables ([0040]). By combining a plurality of link or segment pairs, multiple degrees of freedom are achieved, allowing the articulating mechanism to be shaped into various complex configurations ([0040]). 
Chiba teaches a stereoscopic vision endoscope with two CCDs and two corresponding objective lens systems (abstract; 21R and 21L, figure 6).  Two light guides (10, figure 6) corresponding to two illumination lens (18a-b, figure 6) illuminate an object. 
Lee teaches a surgical instrument (10, figure 1) with a distal bendable member (20, figure 2) to position a tip/end effector (16, figure 2). The distal bendable member is comprised of spaced discs (110, figure 2) that are between the spaced slots (112, figure 2). The handle (12, figure 2) can be tilted, where this action causes a corresponding bend at the distal bendable member ([0047]). A rotation knob (24, figures 1 and 15), proximal bending member (18, figure 15), and adapter (26, figure 15) accommodate four bend control cables (100, figure 15) and four lock control cables (160, figure 15) which are connected to an angle locking means/mechanism (140, figure 14). To lock the locking mechanism in a particular bent condition, the rotation knob is moved proximally (figure 14), which locks the position of the proximal bendable member (18, figure 15) and via the cables (100, figure 15) also locks the position of the distal bendable member ([0083]). 
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the endoscope of Danieli to have cables (104, figure 1a) to fix a proximal link with a corresponding distal link as taught by Danitz ([0043]). Doing so would achieve multiple degrees of freedom and allow the endoscope to be shaped into various complex configurations ([0040]). Further it would have been obvious to modify Danieli to have stereoscopic imaging capabilities as taught by Chiba. Doing so would provide a stereoscopic image that is superior in quality (Col. 5, lines 28-36). Additionally, it would have been obvious to modify the endoscope of Danieli with the handle (12, figure 2), adapter (26, figure 15), proximal bendable member (18, figure 2), rotation knob (24, figure 2), four lock control cables (160, figure 15), and a locking mechanism (140, figure 15) as taught by Lee. Doing so would lock the shape/position of the instrument/endoscope ([0083]; Lee). The modified endoscope would have a pair of electronic image sensor assemblies (two CCDs; abstract of Chiba) optically aligned and fixedly bonded at the distal end of the shaft for acquiring an image of a remote site (see 21-22R and 21-22L, figure 7; Chiba); a wire spine (104, figure 1a; Danitz) having a distal end and a proximal end (proximal links are connected to the distal links [0033]; Danitz); the plurality of stacked spacer elements, each of which is coaxially mounted on the wire spine (see figure 1a; Danitz | see figures 7-8 of Danieli), and a steering and brake assembly (see 12, 18, 24, and 140, figure 2; Lee) mounted to the proximal end of the shaft (see connection to 26, figure 2; Lee) for controlling the disposition of the portion of the shaft distal to the articulating region of the shaft, wherein the steering and brake assembly comprises: a brake (see proximal bending member 18 and insert collar 104, figure 15; Lee) and a brake pull wire (160, figure 15; Lee) connected to the brake, wherein the brake pull wire is configured to increase tension on the brake (cables 160…this, in turn, locks the position of the proximal bendable member… [0083]; Lee) upon rotating the brake pull wire sufficient to hold the portion of the shaft distal to the articulating region of the shaft in a first view orientation (rotations…locking mechanism [0084]; cables 160…lock the cables…[0085], Lee; the brake pull wire can be rotated through the rotation knob 24 to a first view orientation and then locked).
Regarding claim 8, Danitz further teaches the distal end of the wire spine being mounted to a deck (proximal links are connected to the distal links [0033]; Danitz) and the proximal end of the wire spine being mounted to a deck (proximal links are connected to the distal links [0033] Danitz).  
Regarding claim 11, Danieli further discloses fiber optic illumination bundles (bundle of optic fibers for the lighting means; Col. 5, line 40; Danieli) for delivering light to the distal end of the shaft.  
Regarding claim 13, Danieli discloses a steerable endoscope (see figure 11) comprising: a shaft (see 1a-3a, figure 6) having a distal end (see distal end of 1a, figure 6), a proximal end (see proximal end of 3a, figure 6), and an articulating region (see articulated lengths 1a and 2a, figure 6) therebetween, wherein the articulating region comprises a first longitudinal hole (channel for the endoscope electrical cables; Col. 5, line 38) for electronic leads (functional language | Col. 5, line 38) and a second longitudinal hole (channels for bundle of optic fiber; Col. 5, line 40) for optical fibers separately passing therethrough (functional language | bundle of optic fibers for the lighting means; Col. 5, line 40), wherein at least one electronic lead passes through the first longitudinal hole and at least one optical fiber passes through the second longitudinal hole (interpreted as further functional language | Col. 5, lines 38-40); a first deck (tip P, figure 6) and a second deck (8’A, figure 6), and a plurality of stacked spacer elements (see 4I and 4II, figure 6). Danieli is silent regarding a pair of electronic image sensor assemblies optically aligned and fixedly bonded at the distal end of the shaft for acquiring an image of a remote site; wherein the distal end of the shaft comprises a wire spine having a distal end and a proximal end, the first deck mounted to the distal end of the wire spine and the second deck mounted to the proximal end of the wire spine, and the plurality of stacked spacer elements, each of which is coaxially mounted on the wire spine; and a steering and brake assembly mounted to the proximal end of the shaft for controlling the disposition of the portion of the shaft distal to the articulating region of the shaft, wherein the steering and brake assembly comprises: a brake and a brake pull wire connected to the brake, wherein the brake pull wire is configured to increase tension on the brake upon rotating the brake pull wire sufficient to hold the portion of the shaft distal to the articulating region of the shaft in a first view orientation.
Danitz teaches an articulating mechanism for endoscopes ([0009]). The articulating mechanism (100, figure 1a) has a plurality of links (A-D, figure 1a) with a spacer element (112, figure 1a). The proximal links are connected to the distal links by cables (104, figure 1a | [0033]). Each link or segment at the proximal end of the articulating mechanism is connected to its corresponding link or segment at the distal end by two or more cables ([0040]). By combining a plurality of link or segment pairs, multiple degrees of freedom are achieved, allowing the articulating mechanism to be shaped into various complex configurations ([0040]). 
Chiba teaches a stereoscopic vision endoscope with two CCDs and two corresponding objective lens systems (abstract; 21R and 21L, figure 6).  Two light guides (10, figure 6) corresponding to two illumination lens (18a-b, figure 6) illuminate an object. 
Lee teaches a surgical instrument (10, figure 1) with a distal bendable member (20, figure 2) to position a tip/end effector (16, figure 2). The distal bendable member is comprised of spaced discs (110, figure 2) that are between the spaced slots (112, figure 2). The handle (12, figure 2) can be tilted, where this action causes a corresponding bend at the distal bendable member ([0047]). A rotation knob (24, figures 1 and 15), proximal bending member (18, figure 15), and adapter (26, figure 15) accommodate four bend control cables (100, figure 15) and four lock control cables (160, figure 15) which are connected to an angle locking means/mechanism (140, figure 14). To lock the locking mechanism in a particular bent condition, the rotation knob Is moved proximally (figure 14), which locks the position of the proximal bendable member (18, figure 15) and via the cables (100, figure 15) also locks the position of the distal bendable member ([0083]). 
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the endoscope of Danieli to have cables (104, figure 1a) to fix a proximal link with a corresponding distal link as taught by Danitz ([0043]). Doing so would achieve multiple degrees of freedom and allow the endoscope to be shaped into various complex configurations ([0040]). Further it would have been obvious to modify Danieli to have stereoscopic imaging capabilities as taught by Chiba. Doing so would provide a stereoscopic image that is superior in quality (Col. 5, lines 28-36). Additionally, it would have been obvious to modify the endoscope of Danieli with the handle (12, figure 2), adapter (26, figure 15), proximal bendable member (18, figure 2), rotation knob (24, figure 2), four lock control cables (160, figure 15), and a locking mechanism (140, figure 15) as taught by Lee. Doing so would lock the shape/position of the instrument/endoscope ([0083]; Lee). The modified endoscope would have a pair of electronic image sensor assemblies (two CCDs; Abstract; Chiba) optically aligned and fixedly bonded at the distal end of the shaft for acquiring an image of a remote site (see 21-22R and 21-22L, figure 7; Chiba); wherein the distal end of the shaft comprises a wire spine (104, figure 1a; Danitz) having a distal end and a proximal end (proximal links connected to the distal link [0033]; Danitz), the first deck mounted to the distal end of the wire spine and the second deck mounted to the proximal end of the wire spine (proximal link…distal link…cable [0033]; Danitz), and the plurality of stacked spacer elements, each of which is coaxially mounted on the wire spine (see figure 1a; Danitz | see figures 7-8; Danieli); and a steering and brake assembly (see 12, 18, 24, and 140, figure 2; Lee) mounted to the proximal end of the shaft (see connection to 26, figure 2; Lee) for controlling the disposition of the portion of the shaft distal to the articulating region of the shaft, wherein the steering and brake assembly comprises: a brake (see proximal bending member 18 and insert collar 104, figure 15; Lee) and a brake pull wire (160, figure 15; Lee) connected to the brake, wherein the brake pull wire is configured to increase tension on the brake (cables 160…this, in turn, locks the position of the proximal bendable member… [0083]; Lee) upon rotating the brake pull wire sufficient to hold the portion of the shaft distal to the articulating region of the shaft in a first view orientation (rotations…locking mechanism [0084]; cables 160…lock the cables…[0085], Lee; the brake pull wire can be rotated through the rotation knob 24 to a first view orientation and then locked).
Regarding claim 18, Danieli further discloses fiber optic illumination bundles (bundle of optic fibers for the lighting means; Col. 5, line 40; Danieli) for delivering light to the distal end of the shaft.  

Claim 16 is rejected under pre-AIA  35 U.S.C. 103(a) as being unpatentable over Danieli (US 4,873,965) and Danitz (US 2004/0236316) and Chiba (US 5,860,912) and Lee (US 2008/0015631) as applied to claim 1 above, and further in view of Buehs (US 2012/0041266). 
Danieli, Danitz, Chiba, and Lee disclose all of the features in the current invention as shown above in claim 1. They are silent regarding the first deck and the third deck are sealably connected by flexible metal bellows, and further wherein the second deck and the third deck are sealably connected by flexible metal bellows.  
Buehs teaches the use of various articulating means for an endoscope shaft. Bellows (11, figure 6b) can have end-surface apertures (12 and 12’, figure 6b) where the ends of a structure can be firmly inserted ([0055]). The bellows can be constructed of metal ([0028]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the first, second, and third decks of Danieli and Chiba and Danitz and Lee to be connected by flexible metal bellows as taught by Buehs. Doing so would protect the shaft elements ([0031]). The modified endoscope would have the first deck and the third deck are sealably connected by flexible metal bellows ([0028] and [0055]; Buehs), and further wherein the second deck and the third deck are sealably connected by flexible metal bellows ([0028] and [0055]; Buehs).  

Claims 46-48 are rejected under pre-AIA  35 U.S.C. 103(a) as being unpatentable over Danieli (US 4,873,965) and Danitz (US 2004/0236316) and Chiba (US 5,860,912) and Lee (US 2008/0015631) as applied to claim 1 and 7 and 13 above, and further in view of Durant (US 2009/0216083)
Danieli, Danitz, Chiba, and Lee disclose all of the features in the current invention as shown above in claims 1, 7, and 13. They are silent regarding
 the wire spine is composed of Nitinol.  
Durant teaches an elongate articulatable body (abstract) with tendons (50, figure 3a). The tendons can be made from a variety of materials, like nitinol ([0028]). 
It would have been obvious to modify the wire spine to be made of nitinol as taught by Durant. Doing so would be a well-known material in the art that can be used for tendons/cables/wires ([0028]). 

Conclusion
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PAMELA F. WU
Examiner
Art Unit 3795

April 4, 2025

/RYAN N HENDERSON/Primary Examiner, Art Unit 3795