Obviousness

Under 35 U.S.C. § 103, an invention is considered obvious if the differences between the claimed invention 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 (POSITA). This analysis requires identifying prior art, understanding the claimed invention, and determining if there would have been a motivation to combine the prior art references to achieve the claimed invention with a predictable result.

US patent 9055868B2 (hereinafter '868 patent) claims a "System and method for voice control of medical devices," along with specific light-based diagnostic and surgical features, and medical devices with automated components and tissue damage minimization capabilities. The priority date for the '868 patent is September 3, 2002, based on the earliest provisional application cited in its cross-reference chain.

The '868 patent's "CROSS-REFERENCE TO RELATED APPLICATIONS" section lists several related U.S. patents and applications from the same family by the same inventor/assignee, which serve as prior art for the '868 patent. These include:

• U.S. Pat. No. 8,472,108, issued Jun. 25, 2013 (parent application Ser. No. 13/349,244 filed Jan. 12, 2012)
• U.S. Pat. No. 8,098,423, issued Jan. 17, 2012 (parent application Ser. No. 12/625,253 filed Nov. 24, 2009)
• U.S. Pat. No. 7,633,673, issued Dec. 15, 2009 (parent application Ser. No. 12/206,432 filed Sep. 8, 2008)
• U.S. Pat. No. 7,433,116, issued Oct. 7, 2008 (parent application Ser. No. 10/812,608 filed Mar. 30, 2004)
• U.S. Pat. No. 7,259,906, issued Aug. 21, 2007 (parent application Ser. No. 10/757,341 filed Jan. 13, 2004)
• U.S. Provisional Patent Application No. 60/408,025 filed Sep. 3, 2002 (parent application Ser. No. 10/652,276 filed Aug. 29, 2003)

Given these patents are from the same family, a POSITA would be highly motivated to combine their teachings as they represent a continuous development by the same inventive entity.

Obviousness Analysis

1. Claims related to Diagnostic Systems with Voice Control (e.g., Diagnostic System Embodiments 1, 2, and 3):
These embodiments generally describe a diagnostic system with a light source, multiplexer, waveguide structures, and lens system for performing measurements on a user's body (specifically blood). A software application generates physiological information, operating on a control system that receives, stores, and processes this information. Key features include the control system receiving "voice input signals and manually entered input signals," and a host with "voice recognition software to process at least a portion of the voice input signals."

• Prior Art:
  • US 7,259,906 ("Diagnostic system with multiplexed light source"): This patent, being an early member of the family with a relevant title, would likely disclose the core components of a diagnostic system, including a light source (e.g., semiconductor diodes), a multiplexer, waveguide structures, a lens system for bodily measurements (e.g., blood), a software application for physiological data, and a control system/host for processing and displaying this information.
  • General Voice Recognition Technology: At the 2002 priority date, voice recognition software (e.g., ViaVoice, Dragon Speech Recognition) was a known commercial technology, as acknowledged within the '868 patent itself.
• Motivation to Combine: A POSITA in medical device control would be motivated to integrate existing voice recognition technology into a known medical diagnostic system to improve usability and reduce manual dexterity and strain on medical professionals, especially during procedures where hands are occupied or sterility is critical. The '868 patent explicitly states these as technical advantages.
• Predictable Result: The combination would predictably result in a diagnostic system whose functions (e.g., taking a photograph, changing image size) could be controlled hands-free via voice commands, converting voice signals into control signals for the existing system.

2. Claims related to Automated Medical Devices with Voice Control (e.g., Medical Device Embodiment 7):
This embodiment describes a medical device with an "insertable portion capable of being inserted into an orifice" and an "automated head unit capable of being manipulated in at least two axes of motion based at least in part on one or more control signals," with controllers generating these signals based on input.

• Prior Art:
  • US 8,472,108 ("Medical device with automated head unit"): This patent, as a direct continuation and with a highly relevant title, would almost certainly disclose an automated medical device with an insertable portion and an automated head unit capable of multi-axis manipulation via controllers.
  • General Voice Recognition Technology: As discussed above, voice recognition was a known technology.
• Motivation to Combine: For complex procedures involving automated manipulators, hands-free voice control offers significant ergonomic and operational advantages, allowing medical professionals to maintain focus on the procedure rather than manual inputs. Integrating readily available voice control into an already automated medical device would be an obvious step for a POSITA seeking to enhance ease of use and reduce operator fatigue.
• Predictable Result: The result would be an automated medical device capable of receiving voice commands to control the movement of its automated head unit, achieving the stated benefits of reduced manual dexterity.

3. Claims related to Tissue Damage Minimization with Voice/Remote Control (e.g., Medical Device Embodiment 8 combined with aspects of Diagnostic System Embodiment 3 and System for Controlling Medical Device Embodiment 11):
This embodiment claims an insertable medical device with "one or more sensors coupled to the insertable portion" capable of generating a feedback signal to "substantially minimize damage to tissue associated with the patient." The '868 patent also describes systems with remote control and audio feedback.

• Prior Art:
  • US 8,098,423 ("Medical device capable of minimizing tissue damage"): This patent directly addresses the concept of minimizing tissue damage and would likely disclose the use of sensors and feedback mechanisms within an insertable medical device for this purpose.
  • Prior art (implicit from '868 patent's description of System 300 and 500): The '868 patent describes a remote control system (System 300) where a remote medical professional can manipulate a device via voice instructions, and a system (System 500) that includes an audio output device for communicating data associated with the medical device or patient. These elements would likely be present in earlier related applications, providing a basis for remote operation and audio feedback.
• Motivation to Combine: When a medical device provides critical feedback signals related to potential tissue damage, a POSITA would be strongly motivated to integrate this with both voice control for rapid, hands-free response, and remote monitoring/control for situations where the primary operator is not physically present at the device. Communicating warnings via an audio output device (e.g., an alarm for excessive bleeding detected by sensors) and allowing voice commands to override or adjust device movement would directly enhance patient safety and operational efficiency.
• Predictable Result: The combination would predictably yield a safer medical device system where sensor-based feedback on tissue interaction is actively used to prevent damage, with control options enhanced by voice commands and potentially managed from a remote location.

4. Claims related to Light-Based Diagnostics/Surgery with Specific Wavelengths and Waveguide Structures (e.g., Medical Device Embodiments 9 and 10; Light-based Medical Diagnostic System Embodiments 4, 5, and 6):
These embodiments describe pump lasers, Raman wavelength shifters (including those with waveguide structures like fused silica or chalcogenide fibers), generating output optical signals of "1.7 microns or more," or in the "mid-infrared wavelength range" (e.g., 5-7 microns, 6.45 microns) for medical diagnostics or surgery (e.g., spectroscopy, differential measurement).

• Prior Art:
  • US 7,633,673 ("Light-based medical device with Raman wavelength shifter"): This patent would almost certainly disclose a pump laser coupled to a Raman wavelength shifter comprising a waveguide structure for generating optical signals. Its title directly points to these features.
  • US 7,259,906 ("Diagnostic system with multiplexed light source"): This patent would likely disclose the broader context of light-based diagnostic systems, including light sources (e.g., semiconductor diodes), multiplexers, and lens systems for medical applications.
  • Common Knowledge in Optics/Medical Lasers: The use of specific wavelengths for particular medical applications (e.g., mid-IR for tissue ablation or spectroscopy due to water absorption characteristics) was known in the art, as was the use of different fiber types (like fused silica for shorter wavelengths, chalcogenide for mid-IR) as described in the '868 patent figures (e.g., FIG. 7) and related text. The concept of cascading Raman shifters to achieve longer wavelengths is also a known technique in fiber optics.
• Motivation to Combine: A POSITA would be motivated to combine the established diagnostic system architecture (from 7,259,906) with advanced light generation technologies (Raman wavelength shifters from 7,633,673) to leverage the benefits of specific mid-IR wavelengths for enhanced diagnostics (e.g., early cancer detection via spectral signatures) and precise surgery with minimal collateral damage, as highlighted in the '868 patent's description of 6.45 micron wavelengths. The choice of specific waveguide materials (e.g., chalcogenide fibers for mid-IR transmission beyond 2 microns) is dictated by the desired output wavelength and known optical properties.
• Predictable Result: The combination would predictably result in a light-based medical diagnostic or surgical system capable of generating and delivering specific mid-IR wavelengths for improved diagnostic accuracy and surgical precision.

Conclusion

Based on the analysis, a person having ordinary skill in the art would have been motivated to combine the teachings of the explicitly cited prior art patents within the same patent family, along with general knowledge of commercially available technologies like voice recognition, to arrive at the claimed inventions of US9055868B2. The inherent motivation stems from the continuous development in medical device technology, driven by objectives such as improving user interface, reducing operator fatigue and strain, enhancing patient safety, and leveraging specific optical properties for better diagnostic and surgical outcomes. The progression of inventions within the same patent family strongly suggests a natural and obvious path of development.