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 .
Election/Restrictions
Applicant’s election without traverse of Species III (fig. 3) in the reply filed on 10/21/2025 is acknowledged.
Claims 15-16 and 18-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/21/2025.
Claims 1-23 are pending in the application.
Claims 1-14 and 17 are under examination.
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.
Claims 1-4, 6-10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bukesov US 2021/0038310 in view of Swanson US 2019/0006753.
Regarding claim 1, Bukesov discloses an endoscopic ablation system 1000A (see figs. 9A-10B), comprising an endoscope 910, an ablation optical pathway 108,912,1010,1020 (herein called 108,912, figs. 10A-10B, [0105-0112]) with the endoscope 910, the ablation optical pathway 912 is configured to emit a beam (at the tip 912, note Bukesov in [0102] discloses the ablation optical pathway 912 is an optical fiber 108 that extends along a working channel 913 within the elongated body of the endoscope 910 and in “some examples” 912,108 is a separate structure which means that Bukesov inherently contemplates that 912,108 is fixedly position in the working channel 913 as well) in selectively controllable direction, the beam being configured to alate tissue 122 (fig. 10A, [0058,0072,0076,0079,0081], an imaging system 916 with the endoscope 910, the imaging system 916 configured to capture images in the vicinity of the endoscope 910 and/or the ablation optical pathway (the vicinity of the endoscope 910 and the ablation optical pathway is interpreted to be the target 122 in the vicinity of the front/tip portion of the endoscope 910 as seen in fig. 10A).
Although, Bukesov discloses an ablation optical pathway defined by 108,912 in the working channel 913 to emit a beam from the distal end of the endoscope 910, Bukesov does not explicitly teach the ablation optical pathway 108,912 is an ablation optical phased array (AOPA).
Swanson, however, teaches an ablation optical phased array (AOPA) 112,302 (112 is a photonic phased array with set/fixed optics 106,108 that are not movable nor adjustable and only adjusts the phase of light which meets the definition of an optical phased array. Swanson teaches 302 to be an optical phased array per [0022] via the closely packed antenna elements) in an analogous endoscope (figs. 1A,3A, [0015-0018, 0022-0026]), the optical phased array being configured to emit an analogous beam 110 (laser beam 110 via 102) in a selectively controllable direction (figs. 1A, 3A-3B), providing an optical phased array that uses a free space illumination to propagate laser beams to provide a phased array illumination on a target site. This comes with the benefits of reduced size, low-cost, wider scanning angles, high-speed-device density optical phased arrays.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the ablation optical pathway 108,912 of Bukesov to be an optical phased array 112,302 as taught by Swanson in order to have provided a low-cost endoscope that has an improved ablation optical phased array (AOPA) that has a reduced size for placement in the endoscope and that uses a free space illumination and wider scanning angles to propagate laser beams to provide a phased array illumination on a target site such that the beam can be steered in various dimensions (Swanson, [0013 et seq. 0014 et seq. 0028]).
Regarding claim 2, Bukesov in view of Swanson discloses the invention as discussed above. Bukesov in view of Swanson further discloses the ablation optical phased array 112,302 comprises plural antenna elements as taught by Swanson [0016-0018,0020,0022] which provide a wider scanning angle [0018].
Regarding claim 3, Bukesov in view of Swanson discloses the invention as discussed above. Bukesov in view of Swanson does not explicitly disclose a control system that controls inputs to the antenna elements to perform beam steering.
Swanson teaches a control system 126 that controls inputs to the antenna elements [0018] to perform beam steering [0017-0018,0020,0022,0027-0028], providing an electrically controlled phase array capable of scanning along various axes and dimensions [0028].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided the endoscope ablation system of Bukesov in view of Swanson with the control system 126 that controls inputs to the antenna elements to perform beam steering as further taught by Swanson in order to have provided an improved endoscope ablation system that uses a free space illumination and wider scanning angles to control propagation of laser beams to provide a phased array illumination on a target site such that the beam can be steered in various dimensions and axes (Swanson, [0013 et seq. 0014 et seq. 0028]).
Regarding claim 4, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson further discloses the control system 126 controls phases of signals input to the antenna elements to perform the beam steering as taught by Swanson [0019,0022-0028].
Regarding claim 6, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson the AOPA utilizes 2D arrays of optical antennas as taught by Swanson [0018,0028].
Regarding claim 7, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson further discloses the AOPA 112,302 is in or on the endoscope 304 as taught by Swanson [0017,0022].
Regarding claim 8, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov further discloses the imaging system 916 is in or on the endoscope 910. Bukesov in view of Swanson further discloses the AOPA 112,302 is in or on the endoscope 304 as taught by Swanson [0017,0022].
Regarding claim 9, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov further discloses the imaging system 916 comprises one of a CCD imager [0104,0108].
Regarding claim 10, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov further discloses an illumination system 914,1030 with the endoscope 910 (figs. 9A-10A, [0101-0108]).
Regarding claim 17, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov further discloses the ablation optical pathway 108,912 is in the head of the endoscope 910 and the imaging system 916 comprises a separate imager (CCD) at the head of the endoscope 912. Bukesov in view of Swanson further discloses the AOPA comprises an OPA 302 as taught by Swanson [0022] and the OPA [302] is on a separate chip of its own located at the head of the endoscope 304 as taught by Swanson (figs. 1A-3B).
It follows that, the combination of Bukesov in view of Swanson renders obvious “an OPA in the head of the endoscope and the imaging system comprises a separate imager at the head of the endoscope, and the OPA and the separate imager are formed on different chips.”
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bukesov US 2021/0038310 in view of Swanson US 2019/0006753 further in view of Finn US 2021/0331273.
Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson does not explicitly disclose the AOPA forms the beam having a spot size of about 7 micrometers.
Finn teaches an analogous beam having a spot size of about 7 micrometers (Finn teaches spot size of 7 micrometers, [0030]) (absence the definition of “about” in Applicant’s disclosure, the Office is interpreting the term “about” to be +/-5 micrometers) formed by an analogous phased-array [0043,0044], providing a beam that has a spot size such that it can impinge upon the target site to optimize resolution (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided the beam of the endoscopic ablation system 1000A of Bukesov in view of Swanson with the spot size of about 7 micrometers as taught by Finn in order to have provided an endoscopic ablation system that propagates an improved beam that has a spot size such that it can impinge upon the target site to optimize resolution (Finn, Abstract).
Claims 11-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bukesov US 2021/0038310 in view of Swanson US 2019/0006753 further in view of Gilreath US 2014/0333743.
Regarding claim 11, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson does not explicitly disclose a movement system for controlling movement of the endoscope.
Gilreath teaches a movement system 104,105 (handle 104 for maneuvering shaft 106 and knob and/or switches 105 [0452]) for controlling movement of an analogous endoscope 102 (control bending of the bending section 110 [0452]), providing an improved endoscopic ablation system that has an improved handle for controlling maneuvering and bending of the shaft and distal end of the endoscope for enhanced viewing and positioning of the distal end near a target site [0452].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided the endoscopic ablation system 1000A of Bukesov in view of Swanson with the a movement system as taught by Gilreath in order to have provided an improved endoscopic ablation system that has an improved handle for controlling maneuvering and bending of the shaft and distal end of the endoscope for enhanced viewing and positioning of the distal end near a target site(Gilreath, [0452]).
Regarding claim 12, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson does not explicitly disclose a temperature control system with the endoscope.
Gilreath teaches a temperature control system 3250,3270 with an analogous endoscope 102 (figs. 32A-32B, [0731-0732], providing an improved endoscope tip that has a temperature control system that acts as a heat sink such that heat generated by the components inside of the tip may be transferred causing a lowering of the temperature of the tip of the endoscope [0732].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided the tip of the endoscopic ablation system 1000A of Bukesov in view of Swanson with the temperature control system as taught by Gilreath in order to have provided a safer endoscopic ablation system having an improved endoscope tip that has a temperature control system that acts as a heat sink such that heat generated by the components inside of the tip may be transferred causing a lowering of the temperature of the tip of the endoscope [0732].
Regarding claim 14, Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson does not explicitly disclose the system is tethered via power/control lines, optical fibers, and/or fluid cooling lines to optical supply and control, electronic control, and fluid supply outside of the subject, human, animal, or area of operation.
Gilreath teaches an analogous system 100 that is tethered via 102,104,114,199 [0452-0454] power/control lines, optical fibers, and/or fluid cooling lines to optical supply and control, electrical control, and fluid supply [0731-0732] outside of the subject, human, animal, or area of opening (via 102,104, 199 which are all located outside of the subject, human, animal, or area of operation, see fig. 1A), providing tethering to main control of the various operations of the endoscopic system to conduct endoscopic surgery [00452-0456].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided the the endoscopic ablation system 1000A of Bukesov in view of Swanson with system being tethered via power/control lines, optical fibers, and/or fluid cooling lines to optical supply and control, electronic control, and fluid supply (102,104,114,199) outside of the subject, human, animal, or area of operation as taught by Gilreath in order to have provided an improved endoscopic ablation system having tethering to main control of the various operations of the endoscopic system to more efficiently and safely conduct endoscopic surgery [00452-0456].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bukesov US 2021/0038310 in view of Swanson US 2019/0006753 further in view of Pyun US 2020/0300702.
Bukesov in view of Swanson discloses the invention as discussed above.
Bukesov in view of Swanson does not explicitly disclose further comprising artificial/neural network circuitry for automated control of ablation based on automated image recognition of some tissues.
Pyun teaches artificial/neural network circuitry [0021-0023,0095,0103,0253,0270] for automated control of ablation [0026] based on automated image recognition of some tissues (unit may use spectrum data, image data, and acoustic data, [0244]), providing artificial neural network circuitry in the controller to conduct comparison value of data sets to determine if a target site is diseased or not (Abstract, [0095]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have provided endoscopic ablation system of Bukesov in view of Swanson with the artificial/neural network circuitry for automated control of ablation based on automated image recognition of some tissues as taught by Pyun in order to have provided an improved endoscopic ablation system having an artificial neural network circuitry in its controller in order to conduct comparison value of data sets to determine if a target site is diseased or not (Pyun, Abstract, [0095]).
Conclusion
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/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786