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 .
Response to Amendment
Applicant’s amendment filed 11/21/2025 is acknowledged.
In light of the applicant’s amendments and remarks, the claim objection set forth in the previous office action has been withdrawn.
Claims 1-9 remain pending in the current application.
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) 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Talbert (US 20200397261 A1) in view of Raphaeli (US 20200170483 A1).
Regarding claim 1, Talbert teaches an illumination device ([0043] an endoscopic imaging system comprising an emitter for emitting pulses of electromagnetic radiation to illuminate a scene)
an illumination source comprising at least one light source ([0066] an emitter is a light source)
a sensor ([0045] Embodiments of the disclosure place an image sensor within the highly space-constrained environment in the distal end of the endoscope itself)
a processor comprising hardware ([0092] Computing device 250 includes one or more processor(s) 252, one or more memory device(s) 254, one or more interface(s) 256, one or more mass storage device(s) 258, one or more Input/Output (I/O) device(s) 260, and a display device 280 all of which are coupled to a bus 262. Processor(s) 252 include one or more processors or controllers that execute instructions stored in memory device(s) 254 and/or mass storage device(s) 258. Processor(s) 252 may also include various types of computer readable media, such as cache memory)
a light guiding cable comprising a main fiber bundle; and a secondary fiber bundle ([0262] the waveguide comprises: a first portion comprising a plurality of plastic optical fibers; a second portion comprising a plurality of glass optical fibers)
a first end and an opposite second end, the first end being coupled to the illumination source and the second end being configured for coupling with a surgical instrument to couple the illumination device and the surgical instrument such that the light source provides the surgical instrument with light from the light source, the first end of the light guiding cable is coupled to the illumination source such that light from the light source is coupled into the main fiber bundle of the light guiding cable and light guided in the secondary fiber bundle is directed to the sensor ([0199] FIG. 16 illustrates a system 1600 for providing electromagnetic radiation to a light deficient environment for endoscopic imaging. The system 1600 includes a camera control unit 1622 connected to an endoscope 1612. The camera control unit 1622 includes a controller 124 and an emitter module 1602. The emitter module 1602 includes one or more emitters for pulsing emissions of electromagnetic radiation. Emissions of electromagnetic radiation exit the emitter module 1602 and are provided to a waveguide 1618. The waveguide 1618 carries the emissions of electromagnetic radiation at least to the hand unit of the endoscope 1612 and may further carry the emissions of electromagnetic radiation to the distal end of the endoscope lumen 1620 for illuminating the light deficient environment 112; [0029] FIG. 17A is a perspective view of a portion of an endoscope lumen comprising an inner cavity for receiving optical components and a peripheral cavity for receiving a waveguide; [0030] FIG. 17B is a straight-on view of a portion of an endoscope lumen comprising an inner cavity for receiving optical components including an image sensor and a peripheral cavity for receiving a waveguide)
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and the processor is configured to receive a signal from the sensor indicative of an illumination level at the sensor and generate a control signal, if the illumination level of the sensor is above a predetermined threshold value ([0081] The controller 124 may provide control signals to the emitter 102 to control when illumination is provided to a scene; [0236] The image sensor 2304 may be a monochromatic image sensor such that pixels of the captured image that exceed a threshold or fall below a threshold may be characterized as corresponding to a certain spectral response or fluorescence emission).
Talbert fails to teach a light from the light source to be guided in a first from the first end to the second end and stray light is guided in a second direction, opposite to the fist direction, from the second end to the first end and is directed to the sensor.
However, Rephaeli teaches a light from the light source to be guided in a first direction from the first end to the second end and stray light is guided in a second direction, opposite to the fist direction, from the second end to the first end and is directed to the sensor ([0017] The distal end 114 of the multimode optical fiber 110 is further shaped to collect scattered coherent light 124 scattered off of the portion 150 of the body 104. Such scattered coherent light 124 may travel from the distal end 114 of the multimode optical fiber 110 through the multimode optical fiber 110 to the proximal end 112 of the multimode optical fiber 110 through wavelength division multiplexer 138 and to photodetector 116. As shown, the photodetector 116 is positioned to receive the scattered coherent light 124 from the proximal end 112 of the multimode optical fiber 110).
Talbert and Raphaeli are considered analogous because both disclose endoscopes that illuminate the target anatomy. Therefore, it would have been obvious to one of ordinary skill in the art to design a multimode optical fiber that sends backscattered coherent light from the target anatomy back to the proximal end of the endoscope in order to generate a scattered light signal based on the received scattered coherent light (Raphaeli [0017).
Regarding claim 2, Talbert teaches the processor is configured to operate the illumination source and the sensor in a test mode such that the processor controls the illumination source to emit test light into the main fiber bundle and detects the illumination level at the sensor based on the test light ([0227] In one embodiment, each exposure frame is generated based on at least one pulse of electromagnetic energy. The pulse of electromagnetic energy is reflected and detected by an image sensor and then read out in a subsequent readout)
Regarding claim 3, Talbert teaches wherein the at least one light source comprises a first light source and a second light source ([0172] The emitter 102 may include, for example, a first emitter for emitting a first wavelength and a second emitter for emitting a second wavelength)
the first light source comprising a laser ([0173] The emitter 102 may provide or approximate a top hat profile by providing laser light at an angle)
and the second light source comprising a white light source wherein the second light source is operated in the test mode ([0112] a white light emission 602 and sensing white light 604),
and the processor is further configured to enable operation of the laser only where the control signal is generated ([0081] The controller 124 may provide control signals to the emitter 102 to control when illumination is provided to a scene)
Regarding claim 4, Talbert teaches the processor is further configured to continue operation of the laser only when the control signal is not generated ([0159] FIG. 8 is a graphical display of the delay or jitter between a control signal 802 and an emission 804 of electromagnetic radiation. In an embodiment, the control signal 802 represents a signal provided to the driver of an emitter. The driver is configured to cause an emitter 102 to emit a pulse of electromagnetic radiation. In an embodiment, the driver is a component of a controller 124 or may be independent of the controller 124 and in communication with the controller 124. In an embodiment, the driver is the controller 124. In an embodiment, the driver is a component of the emitter 102 or is in communication with the emitter 102. As illustrated, there is a delay of duration t1 between the control signal 802 reaching its peak (i.e. turning on) and the emission 804 of electromagnetic radiation by an emitter 102. There is a delay of duration t2 between the control signal 802 going low (i.e. turning off) and the end of the emission 804 of electromagnetic radiation)
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Regarding claim 5, Talbert teaches detect an illumination level of laser light at the sensor to receive the signal from the sensor, which is indicative of the light illumination level from the laser light at the sensor, and generating the control signal if the illumination level at the sensor from the laser light is above the predetermined threshold value ([0081] The controller 124 may provide control signals to the emitter 102 to control when illumination is provided to a scene; [0236] The image sensor 2304 may be a monochromatic image sensor such that pixels of the captured image that exceed a threshold or fall below a threshold may be characterized as corresponding to a certain spectral response or fluorescence emission).
Regarding claim 7, Talbert teaches an illumination device ([0043] an endoscopic imaging system comprising an emitter for emitting pulses of electromagnetic radiation to illuminate a scene)
an illumination source comprising at least one light source ([0066] an emitter is a light source)
a sensor ([0045] Embodiments of the disclosure place an image sensor within the highly space-constrained environment in the distal end of the endoscope itself)
a processor comprising hardware ([0092] Computing device 250 includes one or more processor(s) 252, one or more memory device(s) 254, one or more interface(s) 256, one or more mass storage device(s) 258, one or more Input/Output (I/O) device(s) 260, and a display device 280 all of which are coupled to a bus 262. Processor(s) 252 include one or more processors or controllers that execute instructions stored in memory device(s) 254 and/or mass storage device(s) 258. Processor(s) 252 may also include various types of computer readable media, such as cache memory)
a light guiding cable comprising a main fiber bundle; and a secondary fiber bundle ([0262] the waveguide comprises: a first portion comprising a plurality of plastic optical fibers; a second portion comprising a plurality of glass optical fibers)
a first end and an opposite second end, the first end being coupled to the illumination source and the second end being configured for coupling with a surgical instrument to couple the illumination device and the surgical instrument such that the light source provides the surgical instrument with light from the light source, the first end of the light guiding cable is coupled to the illumination source such that light from the light source is coupled into the main fiber bundle of the light guiding cable and light guided in the secondary fiber bundle is directed to the sensor ([0199] FIG. 16 illustrates a system 1600 for providing electromagnetic radiation to a light deficient environment for endoscopic imaging. The system 1600 includes a camera control unit 1622 connected to an endoscope 1612. The camera control unit 1622 includes a controller 124 and an emitter module 1602. The emitter module 1602 includes one or more emitters for pulsing emissions of electromagnetic radiation. Emissions of electromagnetic radiation exit the emitter module 1602 and are provided to a waveguide 1618. The waveguide 1618 carries the emissions of electromagnetic radiation at least to the hand unit of the endoscope 1612 and may further carry the emissions of electromagnetic radiation to the distal end of the endoscope lumen 1620 for illuminating the light deficient environment 112; [0029] FIG. 17A is a perspective view of a portion of an endoscope lumen comprising an inner cavity for receiving optical components and a peripheral cavity for receiving a waveguide; [0030] FIG. 17B is a straight-on view of a portion of an endoscope lumen comprising an inner cavity for receiving optical components including an image sensor and a peripheral cavity for receiving a waveguide)
the surgical instrument having a light connecting port; wherein the second end of the light guiding cable is coupled to the light connecting port of the surgical instrument ([0204] FIGS. 17A and 17B illustrate an exemplary embodiment for disposing optical components and a waveguide within the endoscope lumen 1720…The endoscope lumen 1720 may additionally include a peripheral cavity 1704 for receiving the waveguide 1618).
Talbert fails to teach a light from the light source to be guided in a first from the first end to the second end and stray light is guided in a second direction, opposite to the fist direction, from the second end to the first end and is directed to the sensor.
However, Rephaeli teaches a light from the light source to be guided in a first from the first end to the second end and stray light is guided in a second direction, opposite to the fist direction, from the second end to the first end and is directed to the sensor ([0017] The distal end 114 of the multimode optical fiber 110 is further shaped to collect scattered coherent light 124 scattered off of the portion 150 of the body 104. Such scattered coherent light 124 may travel from the distal end 114 of the multimode optical fiber 110 through the multimode optical fiber 110 to the proximal end 112 of the multimode optical fiber 110 through wavelength division multiplexer 138 and to photodetector 116. As shown, the photodetector 116 is positioned to receive the scattered coherent light 124 from the proximal end 112 of the multimode optical fiber 110).
Talbert and Raphaeli are considered analogous because both disclose endoscopes that illuminate the target anatomy. Therefore, it would have been obvious to one of ordinary skill in the art to design a multimode optical fiber that sends backscattered coherent light from the target anatomy back to the proximal end of the endoscope in order to generate a scattered light signal based on the received scattered coherent light (Raphaeli [0017).
Regarding claim 8, Talbert teaches the second end of the light guiding cable is coupled to the light connecting port in that light emitted from the main fiber bundle at the second end of the light guiding cable generates stray light, which is coupled into the secondary fiber bundle at the second end of the light guiding cable ([0204] In an embodiment, the waveguide 1618 is an optical fiber bundle comprising a plurality of optical fibers, and each of the plurality of optical fibers is disposed within the peripheral cavity 1704 along the length of the endoscope lumen 1720. [0262] the waveguide comprises: a first portion comprising a plurality of plastic optical fibers; a second portion comprising a plurality of glass optical fibers; and a connector for connecting the first portion and the second portion such that electromagnetic radiation is communicated from the first portion to the second portion)
and the processor is configured to receive a signal from the sensor indicative of an illumination level at the sensor and generate a control signal, if the illumination level of the sensor is above a predetermined threshold value ([0081] The controller 124 may provide control signals to the emitter 102 to control when illumination is provided to a scene; [0236] The image sensor 2304 may be a monochromatic image sensor such that pixels of the captured image that exceed a threshold or fall below a threshold may be characterized as corresponding to a certain spectral response or fluorescence emission).
Regarding claim 9, Talbert teaches wherein the surgical instrument comprises an image sensor ([0045] Embodiments of the disclosure place an image sensor within the highly space-constrained environment in the distal end of the endoscope itself)
and the surgical system further comprises a video device configured to process video data received from the image sensor, and the illumination device is a component of the video device ([0096] Display device 280 includes any type of device capable of displaying information to one or more users of computing device 250. Examples of display device 280 include a monitor, display terminal, video projection device, and the like; [0231] The endoscopic imaging system pulses partitions of red, green, and blue wavelengths of light to generate an RGB video stream of the interior of the patient's body)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Talbert in view of Raphaeli as applied to claim 1 above, and further in view of Scott (US 20180228351 A1).
Regarding claim 6, Talbert fails to teach the main fiber bundle comprises a first plurality of optical fibers and the secondary fiber bundle comprises a second plurality of optical fibers, wherein a first number of the first plurality of optical fibers exceeds a second number of the second plurality of optical fibers.
However, Scott teaches the main fiber bundle comprises a first plurality of optical fibers and the secondary fiber bundle comprises a second plurality of optical fibers, wherein a first number of the first plurality of optical fibers exceeds a second number of the second plurality of optical fibers ([0082] FIG. 2L is a top view of the assembled cylindrical shaped camera module 200C. FIG. 2L shows an exemplary distribution of the optical fibers 312 into the openings 281A-281B,282A-282B of the cylindrical insert 280. As openings 281A-281B are closer to the center axis 229 of the camera module than the openings 282A-282B, a greater number of optical fibers are grouped into the side openings 282A-282B that the number of optical fibers grouped into the top and bottom openings 281A-281B to provide a more even overall light distribution about the distal end of the camera module).
Talbert and Scott are considered analogous because both disclose endoscopic illumination devices. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to use fiber bundles with differing numbers of fibers in each in order to provide a more even overall light distribution about the distal end of the camera module (Scott [0082])
Response to Arguments
Applicant’s arguments, see pages 10-12, filed 11/21/2025, with respect to the rejection(s) of independent claim 1 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly cited Raphaeli reference. Applicant makes a compelling case that the pending invention as claimed differs from the previously cited Talbert reference in that the configuration of the optical fibers in the newly amended claim direct light to the distal end and then direct stray light in the opposite direction back to the proximal end in a parallel fashion while the invention disclosed in Talbert simply directs light in different directions at the distal end of the endoscope. However, the newly cited Raphaeli reference includes a multimode optical fiber that operates in both directions in parallel that allows backscattered light to be collected back at the proximal end of the endoscope for analysis, and as such each newly amended limitation of the claim is addressed by the cited prior art combination. For at least the aforementioned reasons, the claims remain rejected under 35 USC 103.
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.
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 GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIEL VICTOR POPESCU/Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798