78146DETAILED 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
Amendments to claim 1-8, 16, 19, 20 of 10/27/2025 acknowledged and entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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, 9-10, 12-13 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abt (US 20190239979 A1) in view of Cassarly (US 20060232993 A1) and Fujita (WO 2016117090 A1).
Regarding claim 1, Abt teaches An endoscope, comprising:
an endoscope body (fig. 13a/b, element 102, [0034]) that includes
a proximal portion (fig. 13a/b, element 300),
a shaft (fig. 13a/b, element 302) extending distally from the proximal portion, and
a distal portion (fig. 13a/b, element 304, [0048]) at a distal end of the shaft,
the proximal portion includes a light guide (fig. 13a, element 1100, 1300, [0079]) configured to receive illumination from a light source that is separate from the endoscope body (fig. 13a/b, element 1200),
the light guide has an exterior surface,
the exterior surface has a textured portion ([0079], fig. 15, element 1504, [0081-82], modifications 1504 are defects in the optical fiber cladding that allow light to travel through and must have some sort of texture),
the textured portion is disposed in the proximal portion of the endoscope body,
the textured portion of the exterior surface of the light guide is configured to split the received illumination into a target illumination (fig. 13a/b, element 1302) and a proximal portion illumination (fig. 15, element 106),
the light guide is configured to propagate the target illumination toward the distal portion to illuminate a target ([0079]),
the textured portion is further configured to propagate the proximal portion illumination to illuminate at least an exterior portion of the proximal portion of the endoscope body ([0079]).
Abt does not explicitly teach the textured portion is configured to provide reflection and diffraction to break a condition associated with the total internal reflection
the distal portion includes a camera configured to capture an image of the illuminated target;
However, Cassarly teaches the textured portion is configured to provide reflection and diffraction to break a condition associated with the total internal reflection (fig. 2a/b, element 30, fig. 17, [0045, 0085], Light extraction means 30 is a textured portion that is a strip on luminaire 20. [0065] further contemplates diffuse reflectors, specular mirrors, and holographic diffusers as light-extraction means).
However, Fujita teaches the distal portion including a camera configured to capture an image of the illuminated target (p. 16, para. 3 imaging unit receives reflected light by the illumination light),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Abt to include a light-extraction means in place of a simple defect as taught in Cassarly in order to better control the light extraction direction for observation (Cassarly [0045]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Abt to include a camera as taught in Fujita in order to determine the normal operation of the cannula and tool (Fujita p. 11, para. 6).
Regarding Claim 2, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1, wherein:
Fujita further teaches the endoscope body includes an instrument sheath (fig. 20, element 411, p. 17, para. 7, forceps channel 411) that extends through the shaft to the distal portion;
the handle includes an instrument port (fig. 20, operating unit 42 is inserted into a proximal port in the handle of channel 411) configured to provide access to a proximal end of the instrument sheath;
Further, Abt teaches the textured portion is further configured to propagate the handle illumination to illuminate at least a portion of the instrument port (fig. 14, element 106, entire handle is illuminated by the light guide).
Regarding Claim 3, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1, wherein:
Fujita further teaches the distal portion is actuatable (p. 4, para. 4);
the handle includes a distal portion controller (fig. 18, element 421) configured to actuate the distal portion (p. 4, para. 4 operation knob 421 controls the bending of the bending portion);
and Abt further teaches the textured portion is further configured to propagate the handle illumination to illuminate at least a portion of the distal portion controller (fig. 14, element 106, entire handle is illuminated by the light guide).
Regarding Claim 4, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1, wherein:
Fujita further teaches the distal portion is actuatable (p. 4, para. 4);
the handle includes a distal portion controller (fig. 18, element 421) configured to actuate the distal portion (p. 4, para. 4 operation knob 421 controls the bending of the bending portion);
and Abt further teaches the textured portion is further configured to propagate the handle illumination to at least partially illuminate a perimeter of the distal portion controller (fig. 11/12, light 106 is emitted throughout the handle portion 300).
Regarding Claim 9, Abt in view of Cassarly and Fujita teaches The endoscope of claim 1, wherein
Abt further teaches the proximal portion includes a window (fig. 13a/b, element 300, [0074], cannula hub may be transparent and may include diffusing additives) configured to pass the proximal portion illumination out of the handle.
Regarding Claim 10, Abt in view of Cassarly and Fujita teaches The endoscope of claim 9, wherein
Abt further teaches the light guide is shaped to direct the illumination via total internal reflection from at least one exterior surface of the light guide (0072 the light guide1100 is an optical fiber, which uses total internal reflection).
Regarding Claim 12, Abt in view of Cassarly and Fujita teaches The endoscope of claim 10, wherein
Cassarly further teaches the textured portion configured to extract the handle illumination from the light guide to propagate in free space toward the window (fig. 2a, element 34, [0045], light ray 34 exits through the light extraction means).
Regarding Claim 13, Abt in view of Cassarly and Fujita teaches The endoscope of claim 9, wherein
Abt further teaches the light guide includes an optical fiber (fig. 13a/b, element 1100, 1300).
Regarding claim 20, Abt teaches An endoscope, comprising:
an endoscope body (fig. 13a/b, element 102, [0034]) that includes
a handle (fig. 13a/b, element 300) that includes a window,
a shaft (fig. 13a/b, element 302) extending distally from the handle, and
a distal portion (fig. 13a/b, element 304, [0048]) at a distal end of the shaft,
the handle including a light guide (fig. 13a, element 1100, 1300, [0079]) configured to receive illumination from a light source (fig. 13a/b, element 1200) that is separate from the endoscope body,
the light guide including a textured portion of an exterior surface of the light guide ([0079], fig. 15, element 1504, [0081-82], modifications 1504 are defects in the optical fiber cladding that allow light to travel through and must have some sort of texture), the textured portion being disposed in the handle and configured to split the received illumination into a target illumination (fig. 13a/b, element 1302) and a handle illumination (fig. 15, element 106)
the light guide is configured to propagate the target illumination toward the distal portion to illuminate a target ([0079]),
the textured portion configured to propagate the handle illumination toward the window to illuminate at least an exterior portion of the handle (fig. 14, element 106).
Abt does not explicitly teach the splitting occurring as a result of reflection and diffraction off the textured portion,
the distal portion includes a camera configured to capture an image of the illuminated target,
However, Cassarly teaches the splitting occurring as a result of reflection and diffraction off the textured portion (fig. 2a/b, element 30, fig. 17, [0045, 0085], Light extraction means 30 is a textured portion that is a strip on luminaire 20. [0065] further contemplates diffuse reflectors, specular mirrors, and holographic diffusers as light-extraction means),
However, Fujita teaches the distal portion including a camera configured to capture an image of the illuminated target (p. 16, para. 3 imaging unit receives reflected light by the illumination light),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Abt to include a camera as taught in Fujita in order to determine the normal operation of the cannula and tool (Fujita p. 11, para. 6).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Abt to include a light-extraction means in place of a simple defect as taught in Cassarly in order to better control the light extraction direction for observation (Cassarly [0045]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Abt to include a camera as taught in Fujita in order to determine the normal operation of the cannula and tool (Fujita p. 11, para. 6).
Claim(s) 16, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abt (US 20190239979 A1) in view of Cassarly.
Regarding claim 16, Abt teaches A method for operating an endoscope, the endoscope including
an endoscope body (fig. 13a/b, element 102, [0034]), the endoscope body including
a handle (fig. 13a/b, element 300),
a shaft (fig. 13a/b, element 302) extending distally from the handle, and
a distal portion (fig. 13a/b, element 304, [0048]) at a distal end of the shaft,
the method comprising:
receiving illumination with a light guide (fig. 13a, element 1100, 1300, [0079]) from a light source that is separate from the endoscope body (fig. 13a/b, element 1200);
splitting ([0079], fig. 15, element 1504, [0081-82], modifications 1504 are defects in the optical fiber cladding that allow light to travel through) the received illumination, via a textured portion of the exterior surface of the light guide, the textured portion being disposed in the handle, into a target illumination (fig. 13a/b, element 1302) and a handle illumination (fig. 13a/b, element 106);
propagating the target illumination to the distal portion to illuminate a target ([0079]); and
propagating the handle illumination to illuminate at least an exterior portion of the handle ([0079]).
Abt does not explicitly teach the splitting occurring as a result of reflection and diffraction off of the textured portion
However, Cassarly teaches the splitting occurring as a result of reflection and diffraction off of the textured portion (fig. 2a/b, element 30, fig. 17, [0045, 0085], Light extraction means 30 is a textured portion that is a strip on luminaire 20. [0065] further contemplates diffuse reflectors, specular mirrors, and holographic diffusers as light-extraction means).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Abt to include a light-extraction means in place of a simple defect as taught in Cassarly in order to better control the light extraction direction for observation (Cassarly [0045]).
Regarding Claim 17, Abt in view of Cassarly teaches The method of claim 16, wherein
Abt further teaches the handle includes a window (fig. 13a/b, element 300, [0074], cannula hub may be transparent and may include diffusing additives), and further comprising passing the handle illumination out of the handle through the window.
Regarding Claim 19, Abt in view of Cassarly teaches The method of claim 17, wherein:
Cassarly further teaches the device wherein the handle illumination is extracted from the light guide by the textured portion and propagates in free space toward the window (fig. 2a, element 34).
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aby in view of Fujita and Cassarly as applied to claim 1 above, and further in view of Konemann (DE 102021105917 A1).
Regarding Claim 5, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1,
Abt, Fujita, and Cassarly do not explicitly teach the handle includes indicia that provide visual instructions for operating the endoscope;
and the textured portion is further configured to propagate the handle illumination to form a backlight for the indicia.
However, Konemann teaches the handle includes indicia that provide visual instructions for operating the endoscope (p. 7, para. 8-9 multiple characteristics are listed to include condition, display, and parameters which may impact the user’s operation decisions);
and the textured portion is further configured to propagate the handle illumination to form a backlight for the indicia (p. 8, para. 7 the light is coupled out to the entire proximal region of the endoscope).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle of Abt to include indicia as taught in Konemann in order to alert the user to the condition of the device in use (Konemann p. 7, para. 8-9).
Regarding Claim 6, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1, wherein:
Abt in view of Fujita and Cassarly does not explicitly teach the handle includes indicia that provide visual instructions for operating the endoscope;
and the textured portion is further configured to propagate the handle illumination to at least partially illuminate a perimeter of the indicia.
However, Konemann teaches the handle includes indicia that provide visual instructions for operating the endoscope (p. 7, para. 8-9 multiple characteristics are listed to include condition, display, and parameters which may impact the user’s operation decisions);
and the textured portion is further configured to propagate the handle illumination to at least partially illuminate a perimeter of the indicia (p. 8, para. 7 the light is coupled out to the entire proximal region of the endoscope).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle of Abt to include indicia as taught in Konemann in order to alert the user to the condition of the device in use (Konemann p. 7, para. 8-9).
Regarding Claim 7, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1, wherein:
Abt in view of Fujita and Cassarly does not explicitly teach the handle includes indicia that identify at least one characteristic of the endoscope;
and the textured portion is further configured to propagate the handle illumination to form a backlight for the indicia.
However, Konemann teaches the handle includes indicia that identify at least one characteristic of the endoscope (p. 7, para. 8-9 multiple characteristics are listed to include condition, display, and parameters);
and the textured portion is further configured to propagate the handle illumination to form a backlight for the indicia (p. 8, para. 7 the light is coupled out to the entire proximal region of the endoscope).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle of Abt to include indicia as taught in Konemann in order to alert the user to the condition of the device in use (Konemann p. 7, para. 8-9).
Regarding Claim 8, Abt in view of Fujita and Cassarly teaches The endoscope of claim 1, wherein:
Abt in view of Fujita and Cassarly does not explicitly teach the handle includes indicia that identify at least one characteristic of the endoscope; and
the textured portion is further configured to propagate the handle illumination to at least partially illuminate a perimeter of the indicia.
However, Konemann teaches the handle includes indicia that identify at least one characteristic of the endoscope (p. 7, para. 8-9 multiple characteristics are listed to include condition, display, and parameters); and
the textured portion is further configured to propagate the handle illumination to at least partially illuminate a perimeter of the indicia (p. 8, para. 7 the light is coupled out to the entire proximal region of the endoscope).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle of Abt to include indicia as taught in Konemann in order to alert the user to the condition of the device in use (Konemann p. 7, para. 8-9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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/TIMOTHY TUAN LUU/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795