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
The cancellation of claims 6-7, and the amendments to claim 1 in the response filed on 04/16/2026 are acknowledged.
Claims 1-5 and 8-21 remain pending in the application
Claims 6-7 are cancelled.
Claims 1-5 and 8-11 are examined.
Response to Arguments
The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claim 1 to require “an optical connector comprising first and second optical connectors…the endoscope further comprises a fixing member configured to fix the optical connector, the fixing member includes at least one of a first fixing member configured to fix only the first optical connector and a second fixing member configured to fix only the second optical connector, and the optical connector is configured to be attached to and detached from the fixing member”, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 23 recites inter alia, “the endoscope further comprises a fixing member configured to fix the optical connector, the fixing member includes at least one of a first fixing member configured to fix only the first optical connector and a second fixing member configured to fix only the second optical connector, and the optical connector is configured to be attached to and detached from the fixing member.” This is directed to the non-elected embodiment of FIG. 11A-11C for example, see paragraph [0213-0223] of the published specification. The examiners suggest to remove language directed towards the non-elected embodiment and amend to the claim to include language from elected embodiment of Fig. 10.
Appropriate correction is required.
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, 2, 8, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2020012538A1 to Tanaka and further in view of U.S. Publication No. 2009/0324185 to Shimotsu and in view of WO2017033333A1 to Tanaka.
Regarding clam 1, Tanaka discloses an endoscope comprising: a grip unit (4, Fig. 1, page 2); an insert unit (3, Fig. 1, page 2); a light source (1, Fig. 1, page 2); a light exit part provided in the insert unit (80, Fig. 1, page 2).
Tanaka fails to expressly teach a first light guide; a second light guide; and an optical connector disposed in the grip unit, wherein the first light guide has a first entrance end located on the side of the light source and a first exit end located on the side of the optical connector, the second light guide has a second entrance end located on the side of the optical connector and a second exit end located on the side of the light exit part, and the light that goes out from the first exit end enters the second entrance end through the optical connector.
However, Shimotsu teaches of an endoscope (10, Fig. 1, [0042]) including a first light guide (11, Fig.1, [0045]); a second light guide (11, Fig.1, [0045]); and an optical connector comprising first (13) and second optical connectors (14) disposed in the grip unit (13, Fig. 1, [0045]), wherein the first light guide has a first entrance end (11, Fig.1, [0045]) located on the side of the light source (6, Fig. 1, [0047]) and a first exit end located on the side of the first optical connector (13, Fig. 1, [0045]), the second light guide has a second entrance end located on the side of the second optical connector (11, Fig.1, [0045]) and a second exit end located on the side of the light exit part (11, Fig. 1, [0045]), and the light that goes out from the first exit end enters the second entrance end through the optical connector (Fig. 1),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka to utilize a first and second light guide in the manner taught by Shimotsu. It would have been advantageous to make the combination for the purpose of providing light ([0042] of Shimotsu).
Tanaka, in view of Shimotsu, fails to expressly teach the endoscope further comprises a fixing member configured to fix the optical connector, the fixing member includes at least one of a first fixing member configured to fix only the first optical connector and a second fixing member configured to fix only the second optical connector, and the optical connector is configured to be attached to and detached from the fixing member.
However, Tanaka (WO2017033333A1) teaches of an endoscope (Tanaka: 10, Fig. 1), the endoscope further comprises a fixing member (Tanaka: 133, Fig. 3B) configured to fix the optical connector, the fixing member includes at least one of a first fixing member (Tanaka: 135, Fig. 3B) configured to fix only the first optical connector and a second fixing member (Tanaka: 137, Fig. 3B), configured to fix only the second optical connector and the optical connector is configured to be attached to and detached from the fixing member (Tanaka: Fig. 3B).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka, in view of Shimotsu, to utilize a fixing member in the manner as taught by Tanaka. It would have been advantageous to make the combination for the purpose of holding the components in place (page 2 of Tanaka).
Regarding claim 2, Tanaka, in view of Shimotsu, and Tanaka, teaches an endoscope according to claim 1, and Tanaka further discloses wherein the light source is provided in the grip unit (Tanaka: 1, Fig. 1, page 2).
Regarding claim 8, Tanaka, in view of Shimotsu, and Tanaka, teaches an endoscope according to claim 1.
Tanaka, in view of Shimotsu, and Tanaka, fails to expressly teach wherein a specific direction is defined as a direction perpendicular to the center axis of the first light guide when it is placed in a straight position, and the largest cross sectional area of the optical connector or a component of the optical connector in the specific direction is smaller than the cross sectional area of the interior of the insert unit in the specific direction.
However, Shimotsu further teaches wherein a specific direction is defined as a direction perpendicular to the center axis of the first light guide when it is placed in a straight position, and the largest cross sectional area of the optical connector or a component of the optical connector in the specific direction is smaller than the cross sectional area of the interior of the insert unit in the specific direction (Shimotsu:13, Fig. 1, [0045]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka, in view of Shimotsu, and Tanaka, to utilize a specific direction as taught by Shimotsu It would have been advantageous to make the combination for the purpose of providing light ([0042] of Shimotsu).
Regarding claim 10, Tanaka, in view of Shimotsu, and Tanaka teaches an endoscope system comprising an endoscope (Tanaka: 9, Fig. 1, page 2) according to claim 1 and a processor (Tanaka: 5A, Fig. 1, page 2).
Regarding claim 11, Tanaka, in view of Shimotsu, and Tanaka teaches an endoscope according to claim 1, and Tanaka further discloses wherein the optical connector allows connection and separation (Tankaka: 13, Fig. 1, [0045] -the examiner notes that the optical connector can be connected/separated during assembly).
Claim(s) 3, 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2020012538A1 to Tanaka and further in view of U.S. Publication No. 2009/0324185 to Shimotsu and Tanaka and further in view of U.S. Publication No. 2020/0029790 to Amano et al. (hereinafter “Amano”).
Regarding claim 3, Tanaka, in view of Shimotsu, and Tanaka, teaches an endoscope according to claim 1,
Tanaka, in view of Shimotsu, and Tanaka, fails to expressly teach wherein the optical connector comprises:a first ferrule to hold the first exit end; a second ferrule to hold the second entrance end; and a sleeve in which the first and second ferrules are inserted.
However, Amano teaches of an endoscope (Amano: 1, Fig. 1, [0039]) wherein the optical connector comprises: a first ferrule to hold the first exit end (Amano: 661, Fig. 1, [0058]); a second ferrule to hold the second entrance end (Amano: 662, Fig. 1, [0058]); and a sleeve in which the first and second ferrules are inserted (Amano: 663, Fig. 1, [0058]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka, in view of Shimotsu, and Tanaka, to utilize an optical connector in the manner taught by Amano. It would have been advantageous to make the combination for the purpose of optically connecting the components ([0058] of Amano).
Regarding claim 4, Tanaka, in view of Shimotsu, and Tanaka and Amano, teaches an endoscope according to claim 3.
Tanaka, in view of Shimotsu, and Tanaka and Amano, fails to expressly teach further comprising a holder to hold the sleeve
However, Amano further teaches further comprising a holder to hold the sleeve (Amano: 634, Fig. 4, ([0074]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka, in view of Shimotsu, and Tanaka and Amano, to utilize a holder in the manner taught by Amano. It would have been advantageous to make the combination for the purpose of holding the optical connectors ([0074] of Amano).
Regarding claim 5, Tanaka, in view of Shimotsu, and Tanaka and Amano, teaches an endoscope according to claim 4.
Tanaka, in view of Shimotsu, and Tanaka and Amano, fails to expressly teach further comprising an optical connection module to guide the light emitted from the light source to the first end, wherein a specific direction is defined as a direction perpendicular to the center axis of the first light guide when it is placed in a straight position, and the largest cross sectional area of the holder in the specific direction is smaller than the smallest cross sectional area of the optical connection module in the specific direction.
However, Amano further teaches further comprising an optical connection module to guide the light emitted from the light source to the first end (Amano: Fig. 4, Fig. 5), wherein a specific direction is defined as a direction perpendicular to the center axis of the first light guide when it is placed in a straight position (Amano: Fig. 4, Fig. 5), and the largest cross sectional area of the holder in the specific direction is smaller than the smallest cross sectional area of the optical connection module in the specific direction (Amano: Fig. 4, Fig. 5).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka, in view of Shimotsu, and Tanaka and Amano, to utilize an optical connection module in the manner taught by Amano. It would have been advantageous to make the combination for the purpose of holding the optical connectors ([0074] of Amano).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2020012538A1 to Tanaka and further in view of U.S. Publication No. 2009/0324185 to Shimotsu and Tanaka and further in view of U.S. Publication No. 2018/0100627 to Tamura et al. (hereinafter “Tamura”).
Regarding claim 9, Tanaka, in view of Shimotsu, and Tanaka, teaches an endoscope according to claim 1.
Tanaka, in view of Shimotsu, and Tanaka, fails to expressly teach further comprising a wavelength converter disposed between the second exit end and the light exit part that absorbs a portion of the light emitted from the light source and emits a light of a first converted wavelength.
However, Tamura teaches of an endoscope (Tamura: 1, Fig. 1, [0027]) further comprising a wavelength converter disposed between the second exit end and the light exit part that absorbs a portion of the light emitted from the light source and emits a light of a first converted wavelength (Tamura: 100, Fig. 1, [0029]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Tanaka, in view of Shimotsu, and Tanaka, to utilize a wavelength converter in the manner as taught by Tamura. It would have been advantageous to make the combination for the purpose of converting light into a different wavelength ([0029] of Tamura).
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.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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