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
Applicant’s arguments filed 08/04/2025 have been entered. Claims 1-17 are pending, claims 3, 4, 7-12 and 13-16 have been withdrawn, and claims 1, 2, 5, 6, and 17 are currently under consideration for patentability under 37 CFR 1.104. Response to arguments found below.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5-7 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thommen (U.S. 2018/0214016).
With respect to claim 1, Thommen teaches an endoscope system, comprising:
a sheath (110) device having an end portion (FIG. 6a); and
an optical sensing device (104) disposed to extend within the sheath device and fixed to the end portion (FIG. 6a,b, para [0156]-[0157]),
wherein the optical sensing device has a transmission portion (136) and an optical sensing portion (102), the transmission portion is connected to the optical sensing portion (FIG. 3A for example), the optical sensing device transmits an optical signal received by the optical sensing device through the transmission portion (para [0120] for example);
wherein a diameter of the optical sensing device is smaller than a diameter of the sheath device, so that the optical sensing device is movable in the sheath device in a direction perpendicular to an extension direction of the sheath device (FIG. 6A,B);
wherein an external portion of the transmission portion is made of a hard material (para [0129], [0207]).
With respect to claim 2, Thommen teaches the end part of the sheath device is a transparent tubular element (FIG. 6A, para [0044]).
With respect to claim 5, Thommen teaches the optical sensing portion is a CMOS sensor (para [0116]).
With respect to claim 6, Thommen teaches the optical sensing device has an illumination portion (116,118) disposed around the optical sensing portion (FIG. 3H for example).
With respect to claim 17, Thommen teaches a surgical device disposed in the sheath device (para [0150]).
Response to Arguments
Applicant's arguments filed 11/05/2025 have been fully considered but they are not persuasive.
On page 8 Applicant argues Thommen does not teach that the external portion of the transmission portion of the camera module 102 is [] made of a hard material. This is not persuasive. First, the claim does not define what is considered “a hard material”. Further, housing 136 meets the plain meaning of a transmission portion and meets the limitations of the claim.
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 Alexandra Newton Surgan whose telephone number is (571)270-1618. The examiner can normally be reached Monday-Friday 8am-4pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799