DETAILED ACTION
Response to Arguments
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Applicant argues that Pace teaches that achieving stereoscopic vision for close objects requires convergent, not parallel optical paths and argues that the claims at hand require close-up ophthalmic surgery {See Remarks Pgs. 9-10}. Applicant can only argue what is currently present in the claims. The independent claim does not define ophthalmic surgery or anything in regards to the distance of the imaging. Furthermore, Pace does disclose parallel optical axes (as applicant explains in the Remarks) and so does Jensen in para. 0044-0045. Furthermore, Jensen discloses the amended limitations such as a fixed length optical unit with digital zooming, and digital zooming replaces optical zooming using moving elements (para. 0020-0021).
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/16/2026 has been entered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/045,002 in view of Srivastava et al. (herein after will be referred to as Srivastava) (US 20200342208) . This is a provisional nonstatutory double patenting rejection. Note: App’ 002 has been issued a notice of allowance but the issue fee has not yet been paid.
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.
Claims 1, 4, 9-11 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sorimoto (US 20210169318) in view of Pace et al. (herein after will be referred to as Pace) (US 20140098195) and in further view of Jensen et al. (herein after will be referred to as Jensen) (US 20210152810).
Regarding claim 1, Sorimoto discloses an ophthalmic imaging apparatus, comprising:
a first stereoscopic lens set configured to receive light from a target surgical site associated with an eye of a patient, [See Sorimoto [Fig. 7B] Set of optical assemblies (22) for wide sensors (21). Also, see 0014, the observation site is a part of the human body (it is inherent that a human eye is part of the human body).]
a second stereoscopic lens set configured to receive additional light from the target surgical site, [See Sorimoto [Fig. 7B] Set of optical assemblies (31) for narrow sensors (30). Also, see 0014, the observation site is a part of the human body (it is inherent that a human eye is part of the human body).]
wherein the second stereoscopic lens set comprises: at least two second lenses disposed adjacent to each other and [See Sorimoto [0035] Focal length of the optical system is kept at a predetermined distance for narrow imaging. Also, in Fig. 7b, lenses are adjacent to each other.]
a first plurality of image sensors configured to receive the light after passing through the first stereoscopic lens set, wherein the first plurality of image sensors comprises: a first left image sensor configured to generate first left image data based on the light received from the first stereoscopic lens set, and a first right image sensor configured to generate first right image data based on the light received from the first stereoscopic lens set; [See Sorimoto [Fig. 7B] Left and Right Wide Sensors (21). Also, see 0166-0167, Two wide range cameras are respectively provided for the left and right eye.]
a second plurality of image sensors configured to receive the additional light after passing through the second stereoscopic lens set, wherein the second plurality of image sensors comprises: a second left image sensor configured to generate second left image data based on the additional light received from the second stereoscopic lens set, and a second right image sensor configured to generate second right image data based on the additional light received from second stereoscopic lens set; and [See Sorimoto [Fig. 7B] Left and Right Narrow Sensors (30). Also, see 0166-0167, Two narrow range cameras are respectively provided for the left and right eye.]
a processor communicatively coupled to the first plurality of image sensors and the second plurality of image sensors, [See Sorimoto [Fig. 1A-1B] Controller (50) coupled to cameras (21, 30).]
wherein the processor is configured to: convert the first left image data and the first right image data into first stereoscopic video data for display on a display monitor, and convert the second left image data and second right image data into second stereoscopic video data for display on the display monitor. [See Sorimoto [0168] This allows the observer to 3D view both of the image display Pn and the image display Pw displayed on the image display.]
Sorimoto does not explicitly disclose
wherein the first stereoscopic lens set comprises: at least two first lenses disposed adjacent to each other and having at least a first fixed focal length; and
at least a first left lens barrel and a first right barrel defining respective first parallel left and right optical paths;
wherein the second stereoscopic lens set comprises:
at least a second left lens barrel and a second right lens barrel defining respective second parallel left and right optical paths,
the first stereoscopic lens set and the second stereoscopic lens set physically fixed relative to each other and parallel to each other;
wherein the first stereoscopic lens set and the second stereoscopic lens set have no moving parts to adjust a first angle between the first parallel left and right optical paths or a second angle between the second parallel left and right optical paths.
However, Pace does disclose
wherein the first stereoscopic lens set comprises: at least two first lenses disposed adjacent to each other and [See Pace [Fig. 3A-3B]
at least a first left lens barrel and a first right barrel defining respective first parallel left and right optical paths; [See Pace [Fig. 3A-3B] Lens barrels for wide cameras (310). The cameras/barrel are parallel to each other.]
at least a second left lens barrel and a second right lens barrel defining respective second parallel left and right optical paths , [See Pace [Fig. 3A-3B] Lens barrels for narrow cameras (350). The cameras/barrel are parallel to each other.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Sorimoto to add the teachings of Pace, in order to properly secure the lenses in an obvious lens barrel setup.
Sorimoto (modified by Pace) do not explicitly disclose
wherein the first stereoscopic lens set comprises: having at least a first fixed focal length; and
wherein the second stereoscopic lens set comprises:
the first stereoscopic lens set and the second stereoscopic lens set physically fixed relative to each other parallel to each other;
wherein the first stereoscopic lens set and the second stereoscopic lens set have no moving parts to adjust a first angle between the first parallel left and right optical paths or a second angle between the second parallel left and right optical paths.
However, Jensen does disclose
wherein the first stereoscopic lens set comprises: [See Jensen [0086-0089] Cameras (11a, 11b) objective has a fixed focal length (i.e. the cameras 11a and 11b have the same focal length).]
wherein the second stereoscopic lens set comprises: [See Jensen [0086-0089] Cameras (12a, 12b) objective has a fixed focal length (i.e. the cameras 12a and 12b have the same focal length), wherein the cameras (12a,12b) are for a different measuring range defined by the different focal length.]
the first stereoscopic lens set and the second stereoscopic lens set physically fixed relative to each other and parallel to each other; [See Jensen [0044-0045, 0086-0089, 0095-0096 and Figs. 1 and 4] Cameras (11a, 11b) objective has a fixed focal length (i.e. the cameras 11a and 11b have the same focal length). Cameras (12a, 12b) objective has a fixed focal length (i.e. the cameras 12a and 12b have the same focal length). Optical axes are parallel.]
wherein the first stereoscopic lens set and the second stereoscopic lens set have no moving parts to adjust a first angle between the first parallel left and right optical paths or a second angle between the second parallel left and right optical paths. [See Jensen [0020-0021] Fixed length optical unit. Digital zooming replaces optical zooming using moving elements.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Sorimoto (modified by Pace) to add the teachings of Jensen, in order to improve upon deficient reproducibility [See Jensen [0096]].
Regarding claim 4, Sorimoto (modified by Pace and Jensen) disclose the apparatus of claim 1. Furthermore, Sorimoto discloses
wherein the processor is further configured to display the first stereoscopic video data on the display monitor simultaneously with the second stereoscopic video data. [See Sorimoto [Fig. 9A]]
Regarding claim 9, Sorimoto (modified by Pace and Jensen) disclose the apparatus of claim 1. Furthermore, Sorimoto discloses
further comprising a light source configured to emit light on to the target surgical site and generate the received light and the received additional light. [See Sorimoto [Fig. 8A-8B] Projector (70 or 70a-70b).]
Regarding claim 10, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 10.
Regarding claim 11, see examiners rejection for claim 4 which is analogous and applicable for the rejection of claim 11.
Regarding claim 13, Sorimoto (modified by Pace and Jensen) disclose the method of claim 11. Furthermore, Sorimoto discloses
wherein simultaneously displaying the first stereoscopic video data and the second stereoscopic video data on the display monitor comprises simultaneously displaying the first stereoscopic video data and the second stereoscopic video data on the display monitor using a side-by-side configuration. [See Sorimoto [Fig. 9A]. Also, see 0117, displayed side by side.]
Regarding claim 14, Sorimoto (modified by Pace and Jensen) disclose the method of claim 10. Furthermore, Sorimoto discloses
further comprising: receiving input from a user; and based on the input from the user, switching from displaying the first stereoscopic video data on the display monitor to displaying the second stereoscopic video data on the display monitor. [See Sorimoto [0117-0118]].
Claims 2-3, 5-8, 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sorimoto (US 20210169318) in view of Pace (US 20140098195) in view of Jensen (US 20210152810) and in further view of Ramirez Luna et al. (herein after will be referred to as Luna) (US 20180303574).
Regarding claim 2, Sorimoto (modified by Pace and Jensen) disclose the apparatus of claim 1. Furthermore, Sorimoto does not explicitly disclose
wherein the first stereoscopic lens set includes at least a first fixed focal length lens configured to magnify the received light according to a first fixed magnification level.
However, Luna does disclose
wherein the first stereoscopic lens set includes at least a first fixed focal length lens configured to magnify the received light according to a first fixed magnification level. [See Luna [0076] Left and right optical elements are fixed, such as zoom lenses to ensure left and right magnification is the same. Also, see Fig. 8.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Sorimoto (modified by Pace and Jensen) to add the teachings of Luna, in order to ensure that the magnification between channels is the same [See Luna [0076]].
Regarding claim 3, Sorimoto (modified by Pace, Jensen and Luna) disclose the apparatus of claim 2. Furthermore, Sorimoto does disclose
wherein the second stereoscopic lens set includes at least a second fixed focal length lens configured to magnify the received additional light according to a second fixed magnification level different from the first fixed magnification level. [See Sorimoto [0035] The focal length of the optical system is kept a predetermined distance for the narrow range cameras.]
Regarding claim 5, Sorimoto (modified by Pace, Jensen and Luna) disclose the apparatus of claim 2. Furthermore, Sorimoto does not explicitly disclose
wherein the processor is configured to display the first stereoscopic video data on the display monitor simultaneously with the second stereoscopic video data using a picture-in-picture configuration.
However, Luna does disclose
wherein the processor is configured to display the first stereoscopic video data on the display monitor simultaneously with the second stereoscopic video data using a picture-in-picture configuration. [See Luna [0222] Picture-in-picture for stereoscopic image data.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Sorimoto to add the teachings of Luna, in order to improve upon user perception of the displayed video data according to user’s preferences by allowing the user to adapt how the images are displayed [See Luna [0222]].
Regarding claim 6, Sorimoto (modified by Pace, Jensen and Luna) disclose the apparatus of claim 1. Furthermore, Sorimoto does not explicitly disclose
wherein: each of the first left lens barrel and the first right lens barrel includes a first fixed focal length lens configured to magnify the received light according to a first magnification level, the first left image sensor is configured to receive the light from the first left lens barrel, and the first right image sensor is configured to receive the light from the first right lens barrel.
However, Luna does disclose
wherein: each of the first left lens barrel and the first right lens barrel includes a first fixed focal length lens configured to magnify the received light according to a first magnification level, the first left image sensor is configured to receive the light from the first left lens barrel, and the first right image sensor is configured to receive the light from the first right lens barrel. [See Luna [0076] Left and right optical elements are fixed, such as zoom lenses to ensure left and right magnification is the same. Also, see Fig. 8.]
Applying the same motivation as applied in claim 2.
Regarding claim 7, Sorimoto (modified by Pace, Jensen and Luna) disclose the apparatus of claim 6. Furthermore, Sorimoto discloses
wherein: each of the second left lens barrel and the second right lens barrel includes a second fixed focal length lens configured to magnify the received additional light according to a second magnification level different from the first magnification level, the second left image sensor is configured to receive the additional light from the second left lens barrel, and the second right image sensor is configured to receive the additional light from the second right lens barrel. [See Sorimoto [0035] The focal length of the optical system is kept a predetermined distance for the narrow range cameras. Also, see Fig. 7B.]
Regarding claim 8, Sorimoto (modified by Pace, Jensen and Luna) disclose the apparatus of claim 7. Furthermore, Sorimoto does not explicitly disclose
further comprising: a first plurality of dichroic mirrors configured to direct the received light from the first left lens barrel and the first right lens barrel to the first left image sensor and first right image sensor, respectively, along the first parallel left and right optical paths; and
a second plurality of dichroic mirrors configured to direct the received additional light from the second left lens barrel and the second right lens barrel to the second left image sensor and second right image sensor, respectively, along the second parallel left and right optical paths.
However, Luna does disclose
further comprising: a first plurality of dichroic mirrors configured to direct the received light from the first left lens barrel and the first right lens barrel to the first left image sensor and first right image sensor, respectively, along the first parallel left and right optical paths; and [See Luna [0098] Separate deflecting elements (ex. is given as a dichroic mirror) is provided for each right and left optical paths. Also, see Fig. Fig. 8.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Sorimoto to add the teachings of Luna, in order to incorporate obvious optical elements which compact the design of the imaging apparatus.
Sorimoto (modified by Luna) do not explicitly disclose
a second plurality of dichroic mirrors configured to direct the received additional light from the second left lens barrel and the second right lens barrel to the second left image sensor and second right image sensor, respectively, along the second parallel left and right optical paths.
However, Pace does disclose
a second plurality of dichroic mirrors configured to direct the received additional light from the second left lens barrel and the second right lens barrel to the second left image sensor and second right image sensor, respectively, along the second parallel left and right optical paths. [See Pace [Fig. 3A] Left/right wide view cameras and Left/right narrow view cameras. Also, see 0023, Each of the left and right cameras 110L, 110R may include a lens 112L, 112R, respectively. The term "lens" is intended to include any image-forming optical system and is not limited to combinations of transparent refractive optical elements. A lens may use refractive, diffractive, and/or reflective optical elements and combinations thereof.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the apparatus by Sorimoto (modified by Luna) to add the teachings of Pace, in order to incorporate obvious optical elements which compact the design of the imaging apparatus.
Regarding claim 12, see examiners rejection for claim 5 which is analogous and applicable for the rejection of claim 12.
Regarding claim 15, see examiners rejection for claim 3 which is analogous and applicable for the rejection of claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220031422 – Fig. 8A
US 20180368656 – Fig. 11, Fig. 13A, para. 1364, para. 1460
US 20190206075
US 20210409672 – Fig. 13
US 20190339502 – Fig. 1
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/JAMES T BOYLAN/Examiner, Art Unit 2486