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 .
Claim Rejections - 35 USC § 102
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 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, 3-4, 6 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishihara et al (US 20070046778) hereafter known as Ishihara.
Independent claims:
Regarding claim 1:
An endoscope cap [see Fig. 57-59 element 95 and para 333… “As FIG. 57 to FIG. 59 show, an optical imaging device 1I of Embodiment 7 has a cap 95 which is freely removably attached to the distal portion 6a of the insertion section 61 of the endoscope 2I.”] comprising:
a light-transmissive portion having a tubular shape made of a light-transmissive material [see labelled figure directly below rejection to this claim and para 334… “Specifically, this illumination light filter 96 is placed so as to cover the portion other than the objective lens 22, which is a light receiving window, as shown in FIG. 59.”],
the light-transmissive portion including a coating layer on a periphery of the tubular shape [see Figs. 57-59 element 96 and para 334… “this illumination light filter 96 is placed so as to cover the portion other than the objective lens 22”]; and
a tubular portion configured to connect the light-transmissive portion to a distal end of an insertion portion of an endoscope [see Fig. 57-59 element 95a and para 333-334… “the distal portion 6a of the insertion section 61 of the endoscope 2I.” and “A cap main unit 95a may be made up of a light shielding element or a transparent element.” And see labelled figure directly below rejection to this claim which shows element 95a (i.e. the tubular portion) connecting to element 6a (i.e. distal end of an insertion portion of an endoscope)]
the coating layer being configured to reflect light in a wavelength band for light treatment of a body portion and transmit light in a wavelength band for white light image capturing [see Fig. 57 (light from element 11 (i.e. white light source) directed via other elements and para 337… “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path.”]
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Independent claim
Regarding claim 15:
A light treatment method [see Figs. 57-59 and para 101… “the illumination lights emitted from the light emitting ends of the light guides 7 and 8 spread via each illumination lens 15a and 15b facing each light emitting end, and are irradiated onto the subject 21.”] comprising:
fixing an endoscope cap having a tubular shape to a distal end of an insertion portion of an endoscope [see Fig. 57-59 element 2l (i.e. endoscope) and 6a (i.e. distal end of an insertion portion) and labelled figure directly below rejection to this claim and para 333… “the endoscope 2I.” and “distal portion 6a”] such that the tubular shape surrounds an emission site at the distal end of the insertion portion when viewed from a direction along a central axis of the insertion portion [see labelled figure directly below rejection to this claim],
the endoscope cap including a coating layer on a periphery of the tubular shape [see Figs. 57-59 element 96 (i.e. coating layer) and labelled figure directly below rejection to this claim and para 334… “this illumination light filter 96 is placed so as to cover the portion other than the objective lens 22”],
the coating layer being configured to reflect first light in a first wavelength band for light treatment and transmit second light in a second wavelength band for white light imaging [see Fig. 57 (light from element 11 (i.e. white light source) directed via other elements and para 337… “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path.” Wavelength band of the excitation light is first light and fluorescence is second light];
pressing a distal end of the endoscope cap against a living tissue [see Figs. 57-59];
concurrently with the pressing, emitting the second light to acquire a white light image of the living tissue based on the second light [see Figs. 57-59]; and
concurrently with the pressing, irradiating a treatment target of the living tissue with the first light to treat the living tissue [see Figs. 57-59].
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Dependent claims:
Regarding claims 3-4, see rejection to claim 1 above which shows in labelled figure element 36 (i.e. the coating layer) adjacent to an inner surface of the light transmissive portion as recited by claim 3 and intersecting a central axis as recited by claim 4.
Regarding claim 6, see para 337 of Ishihara [see “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path. Since the fluorescence or Raman scattering light from the illumination light path is shielded, reflected light or fluorescence generated by the irradiation of excitation light is incident on the objective lens 22 as return lights from the subject 21.”] which discloses irradiating and reflecting as claimed.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 8-11, 13, 16-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishihara.
Independent claim
Regarding claim 8:
A light treatment endoscope system [see Fig. 57-59 and para 333… “As FIG. 57 to FIG. 59 show, an optical imaging device 1I of Embodiment 7 has a cap 95 which is freely removably attached to the distal portion 6a of the insertion section 61 of the endoscope 2I.”] comprising:
a first light source configured to supply a first light in a first wavelength band for light treatment [see Fig. 57 element 11 and para 350… “a white light source 11 provided inside the light source device 3J is converted into roughly parallel beams by a collimator lens 12J”];
an endoscope including an insertion portion, the endoscope being configured to emit the first light from a distal end of the insertion portion [see Fig. 57-59 element 2l (i.e. endoscope) and (i.e. distal end of insertion portion) and para 333… “the endoscope 2I.” and “distal portion 6a”]; and
an endoscope cap detachably connected to the distal end of the insertion portion [see Fig. 57-59 element 95 (i.e. endoscope cap) and para 333… “As FIG. 57 to FIG. 59 show, an optical imaging device 1I of Embodiment 7 has a cap 95 which is freely removably attached to the distal portion 6a of the insertion section 61 of the endoscope 2I.”],
the endoscope cap including a light-transmissive portion and a tubular portion [see Fig. 57-59 element 95a (i.e. tubular portion) and see labelled figure directly below rejection to this claim], the light-transmissive portion having a tubular shape made of a light-transmissive material [see labelled figure directly below rejection to this claim and para 334… “Specifically, this illumination light filter 96 is placed so as to cover the portion other than the objective lens 22, which is a light receiving window, as shown in FIG. 59.”] and including a coating layer on a periphery of the tubular shape [see Figs. 57-59 element 96 (i.e. coating layer) and para 334… “this illumination light filter 96 is placed so as to cover the portion other than the objective lens 22”],
the tubular portion being configured to connect the light-transmissive portion to the distal end of the insertion portion [see Fig. 57-59 element 95a (i.e. tubular portion) and para 333-334… “the distal portion 6a of the insertion section 61 of the endoscope 2I.” and “A cap main unit 95a may be made up of a light shielding element or a transparent element.” And see labelled figure directly below rejection to this claim which shows element 95a (i.e. the tubular portion) connecting to element 6a (i.e. distal end of the insertion portion of an endoscope)],
the coating layer being configured to reflect the first light [see Fig. 57… which shows light from element 11 (i.e. white light source) is directed to element 96 (i.e. the coating layer) and para 337… “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path.” These sections describe different wavelength bands of the first light from the light source as being transmitted and reflected (i.e. inclusive of reflecting the first light)].
However, Ishihara fails to disclose “a second light source configured to supply a second light in a second wavelength band for white light imaging” as recited by claim 8. Also, as Ishihara fails to disclose a second light source, Ishihara fails to fully disclose “an endoscope including an insertion portion, the endoscope being configured to emit the first light and the second light from a distal end of the insertion portion” or “the coating layer being configured to reflect the first light and transmit the second light”
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Ishihara to include an identical second light with an identical second wavelength similar to the first wavelength (and since some of the light of both the first and second lights are reflected and transmitted (i.e. inclusive of transmitting the second light) as described previously thereby also fully reciting the rest of the missing limitations), because absent unpredicted results this is a mere duplication of parts which has been ruled to be an obvious modification [see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)]
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Dependent claims:
Regarding claims 2 and 9:
Ishihara discloses the invention substantially as claimed including all the limitations of claims 1 and 8 as outlined above including a coating layer that reflects and transmits specific bands of light [see Fig. 57 (light from element 11 (i.e. white light source) directed via other elements and para 337… “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path.”]. Also, Ishihara discloses using a white light source understood to capable of emitting different wavelengths throughout the visible light spectrum of 380-750 nm [see Fig. 57 element 11 and para 100… “In the light source device 3, a white light source 11, collimator lens 12 and condenser lens 13 are installed. Lights from the white light source 11 are converted into roughly parallel beams by the collimator lens 12,”].
However, Ishihara fails to disclose “wherein the coating layer is configured to reflect light in a wavelength band of 680 nm or more and transmit light in a
wavelength band of less than 680 nm.”.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to achieve the claimed feature of “wherein the coating layer is configured to reflect light in a wavelength band of 680 nm or more and transmit light in a wavelength band of less than 680 nm.” because as explained previously Ishihara disclose the coating layer as transmitting and reflecting specific set wavelength bands of light with said bands of light being that within visible light spectrum, therefore absent unpredictable results one of ordinary skill would expect to achieve the claimed feature through routine experimentation through the application of known factors to achieve a known result.
Regarding claims 10-11, see rejection to claim 8 above which shows in labelled figure element 36 (i.e. the coating layer) adjacent to an inner surface of the light transmissive portion as recited by claim 10 and intersecting a central axis as recited by claim 11.
Regarding claim 13, see para 337 of Ishihara [see “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path. Since the fluorescence or Raman scattering light from the illumination light path is shielded, reflected light or fluorescence generated by the irradiation of excitation light is incident on the objective lens 22 as return lights from the subject 21.”] which discloses irradiating and reflecting as claimed.
Regarding claims 16-17, see rejection to claim 1 above which shows in labelled figure element 36 (i.e. the coating layer) adjacent to an inner surface of the light transmissive portion as recited by claim 16 and intersecting a central axis as recited by claim 17.
Regarding claim 19, see para 337 of Ishihara [see “the illumination light filter 96 transmits the wavelength band of the excitation light from the light irradiated from the endoscope 2I to the subject 21, and shields fluorescence or Raman scattering light from the illumination light path. Since the fluorescence or Raman scattering light from the illumination light path is shielded, reflected light or fluorescence generated by the irradiation of excitation light is incident on the objective lens 22 as return lights from the subject 21.”] which discloses irradiating and reflecting as claimed.
Claim(s) 5, 7, 12, 14, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishihara as applied to claims 1-2, 4, 8, 17 above, and further in view of Bendall et al (US 20150348253) hereafter known as Bendall
Regarding claims 5, 12 and 18:
Ishihara discloses the invention substantially as claimed including all the limitations of claims 1-2, 4, 8 and 17 as outlined above.
However, Ishihara fails to disclose “wherein the coating layer is configured to diffuse light, the coating layer being provided circumferentially on less than an entire circumferential periphery of the light-transmissive portion including on a long side of the light-transmissive portion” as recited by claims 5, 12 and 18.
Another embodiment of Ishihara discloses a filter as having a half face shape (i.e. inclusive of being provided circumferentially on less than an entire circumferential periphery of the light-transmissive portion including on a long side of the light-transmissive portion) and that the scope of Ishihara’s disclosure is inclusive of combinations of different embodiments [Fig. 55 element 83a and para 328… “As FIG. 55 shows, the optical filter 93 has a configuration where the illumination light filter 93a” and Para 390… “Embodiments implemented by partially combining each embodiment are therefore included in the present invention.”]
Bendall discloses in the analogous art of endoscope systems that using a diffuser at the tip of the system projects a uniform light pattern on the target object [see para 26… “In some embodiments, the endoscope system 10 may project a diffused or uniform light pattern onto a target feature (e.g., surface or object) in front of the distal end of the probe 15 via the fiber optic bundle 24 and the diffuser 26.”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Ishihara’s filter (i.e. coating layer) to be a half face shape similar to the embodiment disclosed by Fig. 55 of Ishihara (i.e. inclusive of being provided circumferentially on less than an entire circumferential periphery of the light-transmissive portion including on a long side of the light-transmissive portion) because this is merely a subcombination of the different combination of embodiments disclosed by Ishihara.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Ishihara’s filter to diffuse light similarly to that disclosed by Bendall (i.e. wherein the coating layer is configured to diffuse light) because this will provide a uniform pattern of light to be displayed onto the target feature.
Regarding claims 7 and 14:
Ishihara in view of Bendall discloses the invention substantially as claimed including all the limitations of claims 1, 4-5, 8 and 12 as outlined above.
However, Ishihara in view of Bendall fails to disclose “the coating layer being half of the entire circumferential periphery”. as recited by claim 7 and claim 14.
Another embodiment of Ishihara discloses a filter as having a half face shape (i.e. inclusive of half the entire circumferential periphery) and that the scope of Ishihara’s disclosure is inclusive of combinations of different embodiments [Fig. 55 element 83a and para 328… “As FIG. 55 shows, the optical filter 93 has a configuration where the illumination light filter 93a” and Para 390… “Embodiments implemented by partially combining each embodiment are therefore included in the present invention.”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Ishihara in view of Bendall’s filter (i.e. coating layer) to be a half face shape similar to the embodiment disclosed by Fig. 55 of Ishihara (i.e. inclusive of half the entire circumferential periphery) because this is merely a subcombination of the different combination of embodiments disclosed by Ishihara.
Conclusion
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SEBASTIAN X LUKJAN
/SXL/Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796