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 .
1. Claims 1, 3-10, 12-17, and 21-22 are currently pending in this application.
Claims 1 and 18 are amended as filed on 12/29/2025.
Claim 11 is canceled as filed on 12/29/2025.
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.
Claim(s) 1, 3-6, 9-17, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Darty et al. (Pre-Grant Publication No. US 2015/0271380 A1), hereinafter Darty, in view of Kuroda et al. (Pre-Grant Publication No. US 2021/0015346 A1), hereinafter Kuroda, and in further view of Hillman et al. (Pre-Grant Publication No. US 2021/0173195 A1), hereinafter Hillman.
2. With respect to claims 1 and 21, Darty taught a imaging system (0069) comprising: a first optical system configured to receive an imaging beam from a surgical region (0069, where the surgical regions is the intended use of the system. See also: 0307, where the system is designed for use in surgery), the imaging beam including a first wavelength band and a second wavelength band, wherein the imaging beam is directed along a first optical axis (0072-0073), wherein the first optical system includes a dichroic beam splitter, the first optical system is configured to direct a first optical beam associated with the first wavelength band along a first direction and direct a second optical beam associated with the second wavelength band along a second direction (0072-0073, where the dichroic splitter can be seen in 0103-0104); a first sensor located along the first direction and configured to capture a first image associated with the first optical beam (0069); and a second sensor (0157-0158).
However, while Darty did teach a lens reflection system (0053), Darty did not explicitly state that the lens reflection system was a lens relay system; wherein a size of an active optical area of the first sensor is different from a size of an active area of the second sensor. On the other hand, Kuroda did teach that the lens reflection system was a lens relay system (0090); wherein a size of an active optical area of the first sensor is different from a size of an active area of the second sensor (0089-0090 & figure 9, items 109 & 137 also have different size optical areas). Both of the systems of Darty and Kuroda are directed towards medical imaging apparatuses and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Darty to utilize a lens relays system located at the distal end, as taught by Kuroda, in order to provide a more direct and efficient lens system.
However, Darty did not explicitly state that the relay lens system contains a second sensor located along the second direction and configured to capture a second image associated with the second optical beam; a first relay lens system provided between the first optical system and the second sensor, along the second direction, and configured to receive the second optical beam at a first end of the first relay lens system and transmit at least a portion of the second optical beam via a second end of the first relay lens system to the second sensor, wherein the first relay lens system is configured to allow for a location of a first image plane of the first sensor and a location of a second image plane of the second sensor to be independently adjusted; wherein the first relay lens system is configured to transmit the second optical beam to the second sensor and is further configured such that a position of an image plane formed at the first sensor and a position of an image plane formed at the second sensor can be adjusted independently relative to each other, thereby allowing independent focusing or alignment of the first sensor and the second sensor; and wherein the system is composed inside of a surgical scope. On the other hand, Hillman did teach that the relay lens system contains a second sensor located along the second direction and configured to capture a second image associated with the second optical beam (0236, where each of the detectors are light sensors in accordance with 0008, where the plurality of beams can be seen in figure 8C); a first relay lens system provided between the first optical system and the second sensor, along the second direction, and configured to receive the second optical beam at a first end of the first relay lens system and transmit at least a portion of the second optical beam via a second end of the first relay lens system to the second sensor (0236, 0008, figure 8c, where the first relay 882 transmits beam 881 into the lens 886 and transmits 894 into relay 890, which is transmitted into lens 896), wherein the first relay lens system is configured to allow for a location of a first image plane of the first sensor and a location of a second image plane of the second sensor to be independently adjusted (figure 8c, items 882 & 890, where the beams 881 & 894 are independently adjusted); wherein the first relay lens system is configured to transmit the second optical beam to the second sensor and is further configured such that a position of an image plane formed at the first sensor and a position of an image plane formed at the second sensor can be adjusted independently relative to each other, thereby allowing independent focusing or alignment of the first sensor and the second sensor (figure 8c, items 882 & 890, where the beams 881 & 894 are independently adjusted and are focused on lenses 886 & 896 respectively. See also: 0221); and wherein the system is composed inside of a surgical scope (0188, the endoscope). Both of the systems of Darty and Hillman are directed towards lens relays systems and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Darty, to utilize a plurality of downstream relay lens that target a plurality of sensors, as taught by Hillman, in order to allow for the lens system to efficiently focus on the different images captured under different circumstances.
3. As for claim 3, it is rejected on the same basis as claim 1. In addition, Darty taught wherein the surgical scope device is configured to receive the imaging beam in the surgical region and guide the imaging beam to the first optical system (0144. See also, 0258).
4. As for claim 4, it is rejected on the same basis as claim 1. In addition, Kuroda taught wherein the surgical scope device is a stereo scope (fig. 7, items 843 & 845).
5. As for claim 5, it is rejected on the same basis as claim 1. In addition, Kuroda taught wherein the surgical scope device is one of an endoscope and a laparoscope (0173).
6. As for claim 9, it is rejected on the same basis as claim 1. In addition, Darty taught wherein the first sensor is located at the first image plane and the second sensor is located at the second image plane, wherein a first distance of the first sensor relative to the first optical system is less than a second distance of the second sensor relative to the first optical system (figure 2A, where sensors 210-1 and 210-3 are located in the different planes of 212-2 and 212-3, and where the relative distance is less as 210-3 is halfway back in the housing and 210-1 is at the distal end).
7. As for claim 10, it is rejected on the same basis as claim 1. In addition, Kuroda taught wherein adjustment of the location of the second image plane of the second sensor, by the first relay lens system, is configured to change a magnification of the second image (0089).
8. As for claim 12, it is rejected on the same basis as claim 1. In addition, Darty taught wherein the first direction is perpendicular to the second direction (figure 2A, items 212-2 and 212-3).
9. As for claim 13, it is rejected on the same basis as claim 1. In addition, Darty taught wherein a light source is used to illuminate the object to be imaged (0010).
10. As for claim 14, it is rejected on the same basis as claim 13. In addition, Darty taught wherein the light source includes a plurality of individually selectable narrow or wide wavelength bands (0010, where the light ranges can be seen in 0088).
11. As for claim 15, it is rejected on the same basis as claim 14. In addition, Darty taught wherein the light source includes one or more of lasers, light emitting diodes and incandescent sources configured to generate the narrow or wide wavelength bands (0293, where this, at least, teaches the laser limitation).
12. As for claim 16, it is rejected on the same basis as claim 1. In addition, Darty taught a second optical system configured to receive the imaging beam from the surgical region, wherein the imaging beam is directed along a second optical axis (0069, where the surgical regions is the intended use of the system. See also: 0307, where the system is designed for use in surgery. Accordingly, the following claims are essentially a repeat of the independent claim 1, but for a second lens relays system located in the distal end of the endoscope. This can be seen, from here on out, with the combination of Kuroda: 0090 & fig 1, items 5005, 5003, 5025a), wherein the second optical system includes a second dichroic beam splitter configured to receive the imaging beam and direct a third optical beam associated with the first wavelength band along a third direction and direct a fourth optical beam associated with the second wavelength band along a fourth direction (0072-0073, where the dichroic splitter can be seen in 0103-0104. Accordingly, the different directions can be seen by Chou: 0060 & 0103); a third sensor along the third direction and configured to capture a third image associated with the third optical beam (Kuroda: 0090); a fourth sensor along the fourth direction and configured to capture a fourth image associated with the fourth optical beam (Kuroda: 0090); and a second relay lens system between the second optical system and the fourth sensor, along the fourth direction, and configured to receive the fourth optical beam at a first end of the second relay lens system and transmit at least a portion of the fourth optical beam via a second end of the second relay lens system to the fourth sensor, wherein the second relay lens system is configured to allow for a location of a third image plane of the third sensor and a location of a fourth image plane of the fourth sensor to be independently adjusted (Kuroda: 0090).
13. With respect to claim 17, Darty taught a imaging system (0069) comprising: a first optical system configured to receive an imaging beam from a surgical region (0069, where the surgical regions is the intended use of the system. See also: 0307, where the system is designed for use in surgery), the imaging beam including a first wavelength band and a second wavelength band, wherein the imaging beam is directed along a first optical axis (0072-0073), wherein the first optical system includes a dichroic beam splitter, the first optical system is configured to direct a first optical beam associated with the first wavelength band along a first direction and direct a second optical beam associated with the second wavelength band along a second direction (0072-0073, where the dichroic splitter can be seen in 0103-0104); a first sensor located along the first direction and configured to capture a first image associated with the first optical beam (0069); and a second sensor (0157-0158).
However, while Darty did teach a lens reflection system (0053), Darty did not explicitly state that the lens reflection system was a lens relay system. On the other hand, Kuroda did teach that the lens reflection system was a lens relay system (0090). Both of the systems of Darty and Kuroda are directed towards medical imaging apparatuses and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Darty to utilize a lens relays system located at the distal end, as taught by Kuroda, in order to provide a more direct and efficient lens system.
However, Darty did not explicitly state that the relay lens system contains a second sensor located along the second direction and configured to capture a second image associated with the second optical beam; a first relay lens system provided between the first optical system and the second sensor, along the second direction, and configured to receive the second optical beam at a first end of the first relay lens system and transmit at least a portion of the second optical beam via a second end of the first relay lens system to the second sensor, wherein the first relay lens system is configured to allow for a location of a first image plane of the first sensor and a location of a second image plane of the second sensor to be independently adjusted; wherein the first relay lens system is configured to compensate for optical path differences between the first optical beam and the second optical beam, thereby optimizing focus for imaging across multiple wavelength bands; and wherein the system is composed inside of a surgical scope. On the other hand, Hillman did teach that the relay lens system contains a second sensor located along the second direction and configured to capture a second image associated with the second optical beam (0236, where each of the detectors are light sensors in accordance with 0008, where the plurality of beams can be seen in figure 8C); a first relay lens system provided between the first optical system and the second sensor, along the second direction, and configured to receive the second optical beam at a first end of the first relay lens system and transmit at least a portion of the second optical beam via a second end of the first relay lens system to the second sensor (0236, 0008, figure 8c, where the first relay 882 transmits beam 881 into the lens 886 and transmits 894 into relay 890, which is transmitted into lens 896), wherein the first relay lens system is configured to allow for a location of a first image plane of the first sensor and a location of a second image plane of the second sensor to be independently adjusted (figure 8c, items 882 & 890, where the beams 881 & 894 are independently adjusted); wherein the first relay lens system is configured to compensate for optical path differences between the first optical beam and the second optical beam, thereby optimizing focus for imaging across multiple wavelength bands (0168); and wherein the system is composed inside of a surgical scope (0188, the endoscope). Both of the systems of Darty and Chou are directed towards lens relays systems and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Darty, to utilize a plurality of downstream relay lens that target a plurality of sensors, as taught by Chou, in order to allow for the lens system to efficiently focus on the different images captured under different circumstances.
14. As for claim 6, it is rejected on the same basis as claim 1. In addition, Hillman taught wherein at least one optical element in the first optical system is a 45 degree prism, wherein the 45 degree prism includes a dichroic beam splitter (0286, where the light redirector can be a prism in accordance with 0151).
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Darty, in view of Kuroda, in view of Hillman, and in further view of Balas (Pre-Grant Publication No. US 2021/0381893 A1).
15. As for claim 7, it is rejected on the same basis as claim 1. In addition, Balas taught wherein at least one optical element in the first optical system is a pentaprism, wherein the pentaprism includes the dichroic beam splitter (0034, where the dichroic nature of the prism can be seen in 0030). However, Darty did not explicitly state taught wherein at least one optical element in the first optical system is a pentaprism, wherein the pentaprism includes the dichroic beam splitter. On the other hand, Balas did teach wherein at least one optical element in the first optical system is a pentaprism, wherein the pentaprism includes the dichroic beam splitter (0034, where the dichroic nature of the prism can be seen in 0030). Both of the systems of Darty and Balas are directed towards dichroic beam splitters and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Darty to utilize a 45 degree pentaprism, as taught by Balas, as was an efficient part that was used in contemporary lens relay systems.
16. As for claim 8, it is rejected on the same basis as claim 7. In addition, Balas taught wherein the dichroic beam splitter is located at a proximal surface of the pentaprism (fig 3. & 0096, where the devices are proximal, at least, because they remain in the same housing).
Allowable Subject Matter
Claims 18-20 are allowable over the prior-art.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
17. The applicant argues on page 15 that “the teachings in Darty are not compatible with the surgical scope as presently claimed. Even if Darty teaches an imaging system with a first optical system to direct a first optical beam with a first wavelength along a first direction and a second optical beam with a second wavelength band along a second direction, a dichroic splitter, and a first and second sensor, these components are in an external imaging system with very different qualities and engineering challenges than in a surgical scope environment. In short, even if Darty teaches all the above, the elements of Darty are not in a surgical scope and cannot be simply combined with Hillman and Kuroda in a surgical scope as presently claimed.”
However, In response to applicant's argument, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). More specifically, the claimed invention appears to argue that the dichroic splitter and the sensors would not function in a surgical scope. Given that a surgical scope is understood to be a smaller scope that can be easily inserted into a human body, it would seem obvious that as long as the same technology could be made to scale at the smaller size, then the combination would be obvious. In other words, if the applicant wishes to argue that the technology of Darty couldn’t be made at a smaller scale such that it could fit into a surgical scope, then the applicant is encouraged to explain why that is the case and/or amend the claims to reflect novel features for the miniaturization. Otherwise, it is contended that the technology of Darty, when combined with Kuroda (for example), would be made to scale such that the technology would be easily incorporated.
18. The applicant argues on page 16 that “the general reference to endoscopy in Hillman is not enabled for application in endoscopy. Even if the generic Hillman reference were to give one skilled in the art motivation and an apparent reason to expect success applying the teachings into surgical scopes, Hillman does not describe how to convert those teachings for use in endoscopy such that one skilled in the art could practice the invention. At most, Hillman provides a generic idea of miniaturization without any exploration into a design or arrangement able to fit in an endoscope, or what advantages accompany such a design.” However, paragraph 0188 of Hillman explicitly states that the system is designed to be used in endoscopy.
19. The applicant argues on page 19 that “Kuroda fails to teach the plurality of sensors as having differently sized active areas. By contrast, the subject matter from claim 11 is directed to a first sensor with an active size different from the active size of a second sensor.” However, at least, Kuroda’s paragraph 0090 shows that the endoscope contains stereoscopic vision. Stereoscopic vision requires the use of two cameras that have different sizes in accordance with figure 9 & 0157. Also, figure 9, items 109 & 137 also have different size optical areas.
20. The applicant also argues on page 19 that “Kuroda does not teach that the image beam directed to the plurality of sensors can be adjusted independently to magnify or demagnify on image to overlay on another.” However, Kuroda wasn’t utilize to teach independent adjustment of the sensors. Hillman was utilized under 35 U.S.C. 103, to teach the independent adjustment in figure 8c, items 882 & 890, where the beams 881 & 894 are independently adjusted and are focused on lenses 886 & 896 respectively. See also: 0221.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(a) Lu et al. (Pre-Grant Publication No. US 2019/0246884 A1), 0045, 0048, figure 1, item 2120.
(b) Meester (Pre-Grant Publication No. US 2021/0267444 A1), 0056-0057, figure 4a.
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 JOSEPH L GREENE whose telephone number is (571)270-3730. The examiner can normally be reached Monday - Thursday, 10:00am - 4:00pm.
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/JOSEPH L GREENE/Primary Examiner, Art Unit 2443
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