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Claims 1-2, 4, 6-11, 13-14, 16, 19-20, and 23-26 are pending, claims 6-8 and 13 have been withdrawn from consideration, claims 3, 5, 12, 15, 17-18, and 21-22 have been cancelled, and claims 1-2, 4, 9-11, 14, 16, 19-20, and 23-26 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objections have been withdrawn in light of Applicant’s amendments.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4, 9-11, 14, 16, and 19-26 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 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) 1-2, 14, 19, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Mori (US 2017/0168286), in view of Wu (US 2018/0364154) and McGrail (US 2011/0130632) and Yokota (US 4,639,837) and Begg (US 2016/0106309).
Regarding claim 1, Mori discloses a scanning endoscope (10, figure 1) comprising: an insertion portion (23, figure 2) having a distal-end section and a proximal-end section (see distal and proximal end sections of 23, figure 2); a light-guide (11, figure 1) configured to guide illumination light from a light source (see 33R, 33G, and 33B, figure 1) toward the distal-end section; a distal lens and a proximal lens (see 25a-b, figure 3), each disposed in the distal-end section (see figure 3), and an optical waveguide (12, figure 3) extending from the distal-end section to the proximal-end section (see figure 3). Mori is silent regarding a distal spherical lens and a proximal spherical lens, the distal spherical lens and the proximal spherical lens being configured to radiate the illumination light guided by the light-guide onto a subject; a first adhesive configured to fix only a distal end side of the distal spherical lens to an inner surface of the optical waveguide; and a second adhesive configured to fix only a proximal side of the proximal spherical lens to the inner surface of the optical waveguide, the second adhesive being separated from the first adhesive, wherein the optical waveguide comprises a tapered portion at a distal end of the optical waveguide, the tapered portion is tapered to approach an optical axis of the distal and proximal spherical lenses lens at the distal end of the optical waveguide; the distal spherical lens has a smaller diameter than the proximal spherical lens; and the distal spherical lens is accommodated in a corresponding distal portion of the tapered portion, the distal portion being smaller than a portion of the tapered portion proximal to the distal portion.
Wu teaches an apparatus for spectrally encoded endoscopy (SEE) (see figure 3) with a probe (33, figure 3), an illumination fiber (31, figure 3), a detection fiber (32, figure 3), and optics (34a, figure 3). The dispersive optics can include focusing lenses, like spherical lenses ([0033]).
McGrail teaches a visualization instrument (figure 1). A distally located lens may have an adhesive coating applied to one side to adhere it to a distal lens surface ([0079]).
Yokota teaches an endoscope with a light fiber bundle (11, figure 4) arranged annularly and has a tapered form (see figure 4). An image guide fiber bundle (5, figure 4) received an image of an object formed by objective lens (4a, figure 4). The light guide is tapered so that the optical axis of light emitted from the light guide may intersect with the optical axis of the observing optical system (abstract).
Begg teaches a channel (512, figure 5c) of an endoscope (100, figure 1). The channel includes multiple diameters (can be tapered [0079]), where the components contained within the channel can also have multiple diameters along a length of the instrument ([0063]). This improves the overall performance of the lens optical system by ([0064]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify lenses of Mori with spherical lenses ([0033]) as taught by Wu. Doing so would provide dispersive optics that focuses the light (focusing lenses [0033]; Wu). Also, it would have been obvious to modify the spherical lens to use an adhesive on one side of it as taught by McGrail ([0079]). Doing so would adhere the spherical lens to the inner surface of the optical waveguide ([0079]; McGrail). Additionally, it would have been obvious to modify the optical waveguide, along with the distal end of the endoscope, of Mori to be tapered (best seen with the tapered section of 11, figure 4) at the distal end as taught by Yokota. Doing so would allow the optical axis of the light emitted from the light guide to intersect with the optical axis of the optical waveguide (abstract; Yokota). Further, it would have been obvious to modify the spherical lenses to have different diameters along the length of the taper as taught by Begg ([0063]). Doing so would improve the overall performance of the lenses ([0064]; Begg). The modified endoscope would have a distal spherical lens and a proximal spherical lens (25a-b, figure 3; Mori | spherical lens [0033], Wu), the distal spherical lens and the proximal spherical lens being configured to radiate the illumination light guided by the light-guide onto a subject (dispersive…focusing…spherical [0033]; Wu); a first adhesive configured to fix only a distal end side of the distal spherical lens to an inner surface of the optical waveguide (applied to other side…[0079]; McGrail | adhesive can be applied to distal end side of the distal lens); and a second adhesive configured to fix only a proximal side of the proximal spherical lens to the inner surface of the optical waveguide (applied to other side…[0079]; McGrail | the adhesive can be applied to the proximal side of the proximal lens), the second adhesive being separated from the first adhesive (applied to other side…[0079]; McGrail | interpreted as separate application of adhesive to the distal and proximal lens), wherein the optical waveguide comprises a tapered portion at a distal end of the optical waveguide (see tapered section of 11, figure 4; Yokota), the tapered portion is tapered to approach an optical axis of the distal and proximal spherical lenses lens at the distal end of the optical waveguide (see figure 4; Yokota); the distal spherical lens has a smaller diameter than the proximal spherical lens (multiple diameters [0063]; Begg); and the distal spherical lens is accommodated in a corresponding distal portion of the tapered portion (see tapered section of 11, figure 4; Yokota), the distal portion being smaller than a portion of the tapered portion proximal to the distal portion (see how the diameter changes in 11, figure 4; Yokota).
Regarding claim 2, Mori further discloses the optical waveguide is disposed at an outer side of the spherical lens in a radial direction (see 12, figure 3; Mori) and is disposed entirely in a circumferential direction about the optical axis of the spherical lens (outer circumference; [0033]).
Regarding claim 14, Mori and Yokota further disclose an inner diameter at the distal end of the optical waveguide is smaller than an inner diameter at the proximal end of the optical waveguide (12, figure 3; Mori would be tapered at the distal end; see 11, figure 4 of Yokota | therefore, the inner diameter of the distal end of the optical waveguide is smaller than that at the proximal end of the optical waveguide).
Regarding claim 19, Mori discloses a scanning endoscope system (see figure 1; Mori) comprising: the scanning endoscope according to claim 1 (see claim 1 rejection above), and a light sensor (35, figure 1; Mori) configured to detect an observation light guided by the optical waveguide.
Regarding claim 23, Begg further teaches the distal spherical lens and the proximal spherical lens contact an inner surface of the taper portion (multiple diameters along a length [0063]; Begg | see the diameters of the lens in figure 5c fit the wall of the working section of the endoscope).
Regarding claim 25, Yokota and Begg further teach. (New) The scanning endoscope according to claim 1, wherein proximal spherical lens is accommodated in a proximal portion of the tapered portion larger than the distal portion of the tapered portion (see tapered section of 11, figure 4; Yokota | multiple diameters along a length [0063]; Begg).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Mori (US 2017/0168286) and Wu (US 2018/0364154) and McGrail (US 2011/0130632) and Yokota (US 4,639,837) and Begg (US 2016/0106309) as applied to claim 1 above, and further in view of Fujita (US 2006/0146338).
Mori, Wu, McGrail, Yokota, and Begg disclose all of the features in the current invention as shown above in claim 1. They are silent regarding the insertion portion comprises a cylindrical rigid outer cover forming the outermost circumferential surface of the insertion portion; and the outer cover covers an outer surface of the optical waveguide.
Fujita teaches an optical tomographic apparatus/probe (30, figure 2) with a flexible sheath (31, figure 2) with a GRIN lens (32, figure 2) contained inside as an object optical system ([0030]). A front end portion of a sheath is in a shape of a hollow cylinder integrally formed with the shape using a comparatively rigid member different from a flexible member forming the sheath ([0031]).
It would have been obvious to modify the distal/front portion of an outer cover/sheath of Mori, Wu, McGrail, Yokota, and Begg to be made of a comparatively rigid member ([0031]) as taught by Fujita. Doing so would achieve the function of protecting the lens and internal optical structures ([0031]). The modified endoscope would have the insertion portion comprises a cylindrical rigid outer cover (sheath 31, figure 2; Fujita | rigid…[0031]) forming the outermost circumferential surface of the insertion portion; and the outer cover covers an outer surface of the optical waveguide (see 31, figure 2; Fujita | see outermost covering in figure 3 of Mori).
Claim(s) 9-10, 16, 20, 24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Yokota (US 4,639,837), in view of Wu (US 2018/0364154) and McGrail (US 2011/0130632) and Begg (US 2016/0106309).
Regarding claim 9, Yokota discloses an endoscope (endoscope; abstract) comprising: an insertion portion (see the distal end of an insertion portion in figure 4 | 1 is a cover glass) having a distal-end section (see figure 4) and a proximal-end section (proximal end of the insertion portion shown in figure 4); an optical waveguide (11, figure 4) extending from the distal-end section to the proximal-end section (see figure 4); and a distal lens and a proximal lens (see 4a-b, figure 4), each disposed in the distal-end section (see figure 4), the distal lens and the proximal lens being configured to receive observation light coming from the subject (see arrows, figure 4); a light-guide (5, figure 4) configured to guide the observation light received by the spherical lens (see figure 4); wherein the optical waveguide comprises a tapered portion at a distal end of the optical waveguide (see figure 4). Yokota is silent regarding a distal spherical lens and a proximal spherical lens, the distal spherical lens and the proximal spherical lens being configured to receive observation light coming from the subject; a first adhesive configured to fix only a distal end side of the distal spherical lens to an inner surface of the optical waveguide; and a second adhesive configured to fix only a proximal side of the proximal spherical lens to the inner surface of the optical waveguide, the second adhesive being separated from the first adhesive, the tapered portion is tapered to approach an optical axis of the distal and proximal spherical lenses at the distal end of the optical waveguide; the distal spherical lens has a smaller diameter than the proximal spherical lens; and the distal spherical lens is accommodated in a corresponding distal portion of the tapered portion, the distal portion being smaller than a portion of the tapered portion proximal to the distal portion.
Wu teaches an apparatus for spectrally encoded endoscopy (SEE) (see figure 3) with a probe (33, figure 3), an illumination fiber (31, figure 3), a detection fiber (32, figure 3), and optics (34a, figure 3). The dispersive optics can include focusing lenses, like spherical lenses ([0033]).
McGrail teaches a visualization instrument (figure 1). A distally located lens may have an adhesive coating applied to one side to adhere it to a distal lens surface ([0079]).
Begg teaches a channel (512, figure 5c) of an endoscope (100, figure 1). The channel includes multiple diameters (can be tapered [0079]), where the components contained within the channel can also have multiple diameters along a length of the instrument ([0063]). This improves the overall performance of the lens optical system by ([0064]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify lenses of Yokota with spherical lenses ([0033]) as taught by Wu. Doing so would provide dispersive optics that focuses the light (focusing lenses [0033]; Wu). Also, it would have been obvious to modify the spherical lens to use an adhesive on one side of it as taught by McGrail ([0079]). Doing so would adhere the spherical lens to the inner surface of the optical waveguide ([0079]; McGrail). Further, it would have been obvious to modify the spherical lenses to have different diameters along the length of the taper as taught by Begg ([0063]). Doing so would improve the overall performance of the lenses ([0064]; Begg). The modified endoscope a distal spherical lens and a proximal spherical lens (4a-b, figure 4; Yokota | spherical lens [0033]; Wu), the distal spherical lens and the proximal spherical lens being configured to receive observation light coming from the subject (see figure 4; Yokota); a first adhesive configured to fix only a distal end side of the distal spherical lens to an inner surface of the optical waveguide (applied to the other side…[0079]; McGrail | adhesive may be applied to the distal end side of the distal lens); and a second adhesive configured to fix only a proximal side of the proximal spherical lens to the inner surface of the optical waveguide (applied to the other side…[0079]; McGrail | adhesive may be applied to the proximal side of the proximal lens), the second adhesive being separated from the first adhesive (applied to the other side…[0079]; McGrail | interpreted as separate application of adhesive to the distal and proximal lens), the tapered portion is tapered to approach an optical axis of the distal and proximal spherical lenses at the distal end of the optical waveguide (see figure 4; Yokota); the distal spherical lens has a smaller diameter than the proximal spherical lens (multiple diameters [0063]; Begg); and the distal spherical lens is accommodated in a corresponding distal portion of the tapered portion (see figure 4; Yokota), the distal portion being smaller than a portion of the tapered portion proximal to the distal portion (see how the diameter changes in 11, figure 4; Yokota).
Regarding claim 10, Yokota further discloses the optical waveguide is disposed at an outer side of the spherical lens in a radial direction and is disposed entirely in a circumferential direction about the optical axis of the spherical lens (see 11, figure 4; Yokota).
Regarding claim 16, Yokota further discloses an inner diameter at the distal end of the optical waveguide is smaller than an inner diameter at the proximal end of the optical waveguide (see 11, figure 4 of Yokota | the inner diameter of the distal end of the optical waveguide is smaller than that at the proximal end of the optical waveguide due to the tapering).
Regarding claim 20, Yokota discloses an endoscope system (see abstract of Yokota) comprising: the endoscope according to claim 9 (see claim 9 rejection above); and a light sensor configured to detect the observation light guided by the light- guide (high magnification endoscope; abstract | interpreted there to be a sensor for magnification).
Regarding claim 24, Begg further teaches the distal spherical lens and the proximal spherical lens contact an inner surface of the taper portion (multiple diameters along a length [0063]; Begg | see the diameters of the lens in figure 5c fit the wall of the working section of the endoscope).
Regarding claim 26, Yokota and Begg further disclose proximal spherical lens is accommodated in a proximal portion of the tapered portion larger than the distal portion of the tapered portion (see tapered section of 11, figure 4; Yokota | multiple diameters along a length [0063]; Begg).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yokota (US 4,639,837) and Wu (US 2018/0364154) and McGrail (US 2011/0130632) and Begg (US 2016/0106309) as applied to claim 9 above, and further in view of Fujita (US 2006/0146338).
Yokota, Wu, McGrail, and Begg disclose all of the features in the current invention as shown above in claim 11. They are silent regarding the insertion portion comprises a cylindrical rigid outer cover forming the outermost circumferential surface of the insertion portion; and the outer cover covers an outer surface of the optical waveguide.
Fujita teaches an optical tomographic apparatus/probe (30, figure 2) with a flexible sheath (31, figure 2) with a GRIN lens (32, figure 2) contained inside as an object optical system ([0030]). A front end portion of a sheath is in a shape of a hollow cylinder integrally formed with the shape using a comparatively rigid member different from a flexible member forming the sheath ([0031]).
It would have been obvious to modify the distal/front portion of an outer cover/sheath of Yokota, Wu, McGrail, and Begg to be made of a comparatively rigid member ([0031]) as taught by Fujita. Doing so would achieve the function of protecting the lens and internal optical structures ([0031]). The modified endoscope would have the insertion portion comprises a cylindrical rigid outer cover (sheath 31, figure 2; Fujita | rigid…[0031]) forming the outermost circumferential surface of the insertion portion; and the outer cover covers an outer surface of the optical waveguide (see 31, figure 2; Fujita | it would cover 11, figure 4 of Yokota).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
February 11, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795