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 .
Response to Amendment
Applicant’s arguments with respect to the claim(s) 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 § 102
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 –
Claim(s) 1, 3, 7, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0043454 A1 Kato (herein “Kato”, cited on the attached PTO-892).
Regarding claim 1, Kato discloses in Figs. 5-6:
A light-guiding structure used in an endoscope for guiding light along a lengthwise direction, the light-guiding structure comprising:
a first portion (shown at arrow 23 in Fig. 6, portion having same thickness), close to the light-emitting component (25) and extending in a single cross section along the lengthwise direction; and
a second portion (shown at arrow 22 in Fig. 6, where thickness varies), extending from an end of the first portion in the lengthwise direction, the second portion having an inner surface and an outer surface opposite to the inner surface (shown in Fig. 6), the inner surface and the outer surface extending along the lengthwise direction, the inner surface forming a component accommodating space (23) (e.g. for circuit substrate 60, image pick up apparatus 42, image pick up device 41), the inner surface approaching the outer surface along a direction away from the first portion and parallel to the lengthwise direction such that the component accommodating space expands along the direction (shown in Fig. 6, similar to Applicant’s Fig. 4), the first and second portions being formed as a single part of a single material (indicated by being a solid piece with matching striped lines, e.g. in Fig. 6), the image-capturing component being (41) at least partially accommodated in the component accommodating space.
Regarding claim 7, Kato discloses in Figs. 5-6:
An endoscope tip (10), comprising:
a circuit board (60, see e.g. Fig. 8);
an image-capturing component (41), disposed on the circuit board (60);
a light-emitting component (LED, para [0022]), disposed on the circuit board (60); and
a light-guiding structure (22), disposed above the circuit board (60) for guiding light emitted by the light-emitting component (25) along a lengthwise direction (lengthwise direction shown by arrow in Fig. 6), the light-guiding structure comprising:
a first portion (shown at arrow 23 in Fig. 6, portion having same thickness), close to the light-emitting component (25) and extending in a single cross section along the lengthwise direction; and
a second portion (shown at arrow 22 in Fig. 6, where thickness varies), extending from an end of the first portion in the lengthwise direction, the second portion having an inner surface and an outer surface opposite to the inner surface (shown in Fig. 6), the inner surface and the outer surface extending along the lengthwise direction, the inner surface forming a component accommodating space (23) (e.g. for circuit substrate 60, image pick up apparatus 42, image pick up device 41), the inner surface approaching the outer surface along a direction away from the first portion and parallel to the lengthwise direction such that the component accommodating space expands along the direction (shown in Fig. 6, similar to Applicant’s Fig. 4), the first and second portions being formed as a single part of a single material (indicated by being a solid piece with matching striped lines, e.g. in Fig. 6), the image-capturing component being (41) at least partially accommodated in the component accommodating space.
Regarding claims 3 and 9, Kato discloses in Fig. 5, the second portion has an arc-shaped light-emitting surface (arc shown between two flat surfaces 24 at a side of the component accommodating space (23) adjacent to a lens (33) of the image-capturing component (41).
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.
Claim(s) 4, 5, 10-13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0043454 A1 Kato (herein “Kato”, cited on the attached PTO-892).
Regarding claims 4 and 10, Kato discloses and shows possession of a light guiding structure having portions with a single cross section and portions with a varying cross section. Kato is silent as to the light-guiding structure comprises a third portion, the third portion is connected to another end of the first portion opposite to the second portion and extends in a varying cross section along the lengthwise direction, and the third portion is between the first portion and the light-emitting component. However, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to have variable profiles wherever needed so as to accommodate the elements in the endoscope tip, since Kato already shows possession of this knowledge and the benefits of adjusting the thickness of the light guide as needed to accommodate elements.
Regarding claims 5, 11, and 13, Kato discloses the light-guiding structure (22) has a flat light-incident surface (24), the light-emitting component (25) has a light-emitting surface parallel (parallel surfaces shown in Fig. 8) to the flat light-incident surface (24). Kato is silent as to specifically and a normal direction of the flat light-incident surface and the lengthwise direction form an acute angle. However, Kato could have an acute, zero degree, or obtuse angle, as long as the angled surface fits with the corresponding piece. It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to have the flat surface 24 angled in such a way so as to correspondingly fit with the second flat surface, whether that angle be obtuse or not.
Regarding claim 12, Kato discloses the flat light-incident surface and the light-emitting surface are bonded with an optically clear adhesive (paras [0038, 0052]).
Regarding claim 15, Kato is silent as to a tip housing. However, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to include a tip such as a housing, end cap, lid, etc., so as to protective the fragile and expensive optical elements and also to prevent dust from getting on the tip. Providing a tip so as to protect the delicate optical elements is obvious and would require only routine skill in the art.
Regarding claim 16, Kato discloses the claimed invention except for a direction of the light-emitting component being adjustable. It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to adjust the light emitting component so as to accurately illuminate the target sample, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
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 MARY A EL-SHAMMAA whose telephone number is (571)272-2469. The examiner can normally be reached Mon-Fri, 9am-6pm (flexible schedule).
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/MARY A EL-SHAMMAA/Examiner, Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874