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
Claims 1-2, 4-12, 14, 16, 25-26, are pending. Claims 3, 13, 15, 17, 22-24, are cancelled. Claims 16, 18-21, 26 are withdrawn.
Election/Restrictions
Newly submitted claim 26 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claim 1 recites, among other, an illumination light that is emitted from the distal end along the longitudinal axis towards the proximal end where the visible indication light is emitted through a window. This is supported by FIG. 1.
Claim 26 recites, among others, a visible indication light that is emitted through a window which is arranged at the distal end region of the light guide cable. This is supported by FIG. 1.
Accordingly, claim 26, by way of arrangement of the window (at the distal end of the light guide), that emits the visible indication light, is considered as distinct from claim 1 for the purpose of novelty and patentability.
Since applicant has received an action on the merits for the originally presented invention, this invention (for claim 1) has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 26 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Arguments
Applicant’s arguments submitted on 08/04/2026 have been fully considered and are persuasive. Therefore, the rejection dated 06/10/2026 have been withdrawn.
Claim 26 is withdrawn from consideration.
Reasons for Allowance
Claim 1
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to explicitly teach or fairly suggest, alone or in combination, an endoscope configured to illuminate an object to be observed during a medical intervention with potentially dangerous non-visible illumination light (2) in a first wavelength range, the endoscope (7) comprising:
a converter (3) comprising a conversion material (6) configured to convert at least some of the potentially dangerous non-visible illumination light (2) into an optical indication signal (4) in the form of visible indication light (5) that is perceivable by humans;
wherein the potentially dangerous non-visible illumination light (2) is emitted from a distal end region (17) of the endoscope (7) along a longitudinal axis of the endoscope (7) wherein the visible indication light (5) is emitted by the converter (3) through a window (13) arranged in a housing (15) of the endoscope (7), in a direction perpendicular to the longitudinal axis of the endoscope (7), wherein the window (13) is sealed into the housing (15) so as to form a sealed interior space (14), along with the remaining features of claim 1.
The closest art Steiner (US 20200337525) teaches a housing at the proximal end that is configured to emit the visible indication light by a converter (102). However, the converted 102 is not designed to provide the indication light having a direction perpendicular to the longitudinal axis of the endoscope.
Accordingly, claim 1 would be allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The withdrawn method claim 16 recites –“providing the potentially dangerous non-visible illumination light,” in line 5. This claim should be amended to include a feature in the method step that causes the potentially dangerous non-visible illumination light.
THIS ACTION IS MADE FINAL. 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 9/18/26
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