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 Amendment filed March 12th, 2026 has been entered. Claims 3-4 and 16 have been amended. Claims 1-4, 6-21, 23-26 are now pending in the application. Applicant’s amendments to Claims 3-4 and 16, as well as, Applicant’s Arguments made during a telephonic interview on March 11th, 2026 have overcome several rejections and a drawing objection previously set forth in the initial Final Office Action mailed February 5th, 2026. The previous 35 USC 112 (a) rejection of claims 1-20, the 35 USC 112 (b) rejections of claim 1-20, claims 3-4 and 16, and the drawing objection are withdrawn in light of Applicant's amendment and the Applicant-Initiated Interview.
Response to Arguments
Applicant’s arguments, see Remarks, filed 03/12/2026, with respect to the rejection(s) of claim(s) 1-4,6-21 and 23-26 under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see Remarks, filed 10/21/2025, with respect to the rejection(s) of claim(s) 1-4,6-21 and 23-26 under 35 U.S.C. 102 and 35 U.S.C. 103 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 Therefore, the rejection has been withdrawn.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 Morizumi et al. (US 20140210945 A1, hereinafter Morizumi).
In regards to the interpretation under 112(f) of claim 1. The applicant declined to agree or disagree with the interpretation of the claim limitation under 112(f). The examiner maintains the interpretation under 112(f) of claim 1.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an optical element configured to receive the first light from the first objective lens assembly and direct the at least a portion of the first light along the first proximal optical axis, toward the first surface of the first image capture sensor in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 23 recites the limitation "the second surface" in its first appearance. There is insufficient antecedent basis for this limitation in the claim. This fails to specify the second surface as a component of the second image sensor, and therefore leaves room for ambiguity and open interpretation.
Allowable Subject Matter
Claims 8-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 8 and 23, Morizumi et al. discloses the stereoscopic endoscope of claim 1 and the method of claim 20, respectively. Morizumi fails to explicitly disclose a third image capture sensor comprising a third surface, and a combination of Morizumi with another teaching would not reasonably teach this limitation since both of the claims further limit this feature by requiring a second portion of first light to be directed towards the third surface of the third image capture sensor, which cannot reasonably happen in a combination of references especially given the requirement of independent claims 1 and 20 for the first proximal optical axis to intersect both the first and second image capture surfaces. Ultimately, these limitations describe a novel invention that can be considered allowable subject matter.
Examiner Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-7, 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morizumi et al. (US 20140210945 A1, hereinafter Morizumi).
Regarding Claim 1, Morizumi discloses
A stereoscopic endoscope (stereoscopic endoscope 12, FIG. 1) comprising:
a first image capture sensor (image sensor 70R, FIG. 8) comprising a first surface (light receiving surface 71R, FIG. 8);
a second image capture sensor (image sensor 70L, FIG. 8) comprising a second surface (light receiving surface 71L, FIG. 8);
a first objective lens assembly (right imaging optical system 60R, FIG. 8) configured to direct first light to the first surface of the first image capture sensor (FIG. 8, par. 137 disclose light is transmitted through imaging optical systems and received by light receiving surfaces),
wherein the first light extends along a first distal optical axis (distal portion of optical axis OR, FIG. 8) through the first objective lens assembly and wherein at least a portion of the first light extends along a first proximal optical axis (proximal portion of optical axis OR, FIG. 8) after exiting the first objective lens assembly (FIG. 8, par. 92-94 disclose light extends along distal axes through imaging optical system and then along proximal axes),
wherein the first proximal optical axis intersects the first surface and the second surface (depicted in FIG. 8);
a second objective lens assembly (left imaging optical system 60L, FIG. 8) configured to direct second light to the second surface of the second image capture sensor (FIG. 8, par. 137 disclose light is transmitted through imaging optical systems and received by light receiving surfaces),
wherein the second light extends along a second distal optical axis (distal portion of optical axis OR, FIG. 8) through the second objective lens assembly and extends along a second proximal optical axis (proximal portion of optical axis OR, FIG. 8) after exiting the second objective lens assembly (FIG. 8, par. 92-94 disclose light extends along distal axes through imaging optical system and then along proximal axes),
wherein the second proximal optical axis intersects the second surface (depicted in FIG. 8); and
an optical element (reflecting mirror 302R, FIG. 8) configured to receive the first light from the first objective lens assembly and direct the at least a portion of the first light along the first proximal optical axis (FIG. 8, par. 137 disclose light is transmitted through imaging optical systems to the reflexing mirrors and then received by light receiving surfaces),
toward the first surface of the first image capture sensor (depicted in FIG. 8),
wherein the first distal optical axis is non-parallel to the second distal optical axis and wherein the first proximal optical axis is non-perpendicular to the first surface of the first image capture sensor (FIG. 8 depicts dashed lines for each of the respective axes which disclose distal axes that are non-parallel to each other and proximal axes which are non-perpendicular to their respective surfaces; par. 92 discloses it is not necessary that the optical axes OR and OL are parallel to each other).
Regarding Claim 2, Morizumi discloses
The stereoscopic endoscope of claim 1 wherein the second proximal optical axis is non-perpendicular to the second surface of the second image capture sensor (depicted in FIG. 8).
Regarding Claim 6, Morizumi discloses
The stereoscopic endoscope of claim 1 wherein the optical element includes a prism (par. 97 discloses a reflector such a prism having the same functions as the reflecting mirrors may be used instead).
Regarding Claim 7, Morizumi discloses
The stereoscopic endoscope of claim 6 wherein the prism includes a reflection face configured to reflect the at least the portion of the first light along the first proximal optical axis and toward the first surface of the first image capture sensor (par. 97 discloses prism would share the same functions as the reflecting mirrors and would be a reflector, i.e. having a reflection face).
Regarding Claim 16, Morizumi discloses
The stereoscopic endoscope of claim 1 wherein the first objective lens assembly has a first focal plane (central plane 50a, FIG. 8) and the second objective lens assembly has a second focal plane (central axis 50b, FIG. 8), and
wherein the first focal plane and the second focal plane are substantially coincident (depicted in FIG. 8).
Regarding Claim 17, Morizumi discloses
The stereoscopic endoscope of claim 1 wherein the stereoscopic endoscope has a working distance from a distal end of the stereoscopic endoscope at which a target (reference plane RP, FIG. 8) is located and wherein the first distal optical axis and the second distal optical axis converge at the working distance (par. 117 discloses reference plane is located at a predetermined distance from the distal portion of the endoscope, FIG. 10 depicts convergence of optical axes at RP).
Regarding Claim 18, Morizumi discloses
The stereoscopic endoscope of claim 1
wherein the first distal optical axis forms a first convergence angle with a longitudinal axis of the stereoscopic endoscope (depicted in FIG. 4) and
the second distal optical axis forms a second convergence angle with the longitudinal axis (depicted in FIG. 4) and
wherein the first convergence angle is the same as the second convergence angle (par. 88 discloses matching of optical axes to the convergence angle, i.e. same for both optical axes).
Regarding Claim 19, Morizumi discloses
The stereoscopic endoscope of claim 1
wherein the first distal optical axis forms a first convergence angle with a longitudinal axis of the stereoscopic endoscope (depicted in FIG. 4) and
the second distal optical axis forms a second convergence angle with the longitudinal axis (depicted in FIG. 4) and
wherein the first convergence angle is different than the second convergence angle (depicted in FIG. 4).
Regarding Claim 20, Morizumi discloses
A method (par. 68-70 disclose method and processor) comprising:
directing a first light along a first distal optical axis (distal portion of optical axis OR, FIG. 8) through a first objective lens assembly (right imaging optical system 60R, FIG. 8, par. 137 disclose light is transmitted through imaging optical systems and received by light receiving surfaces);
after exiting the first objective lens assembly,
changing a direction of at least a portion of the first light with an optical element (reflecting mirror 302R, FIG. 8) to direct the at least a portion of the first light along a first proximal optical axis (proximal portion of optical axis OR, FIG. 8) to a first surface (light receiving surface 71R, FIG. 8) of a first image capture sensor (image sensor 70R, FIG. 8, par. 137 disclose light is transmitted through imaging optical systems to the reflexing mirrors and then received by light receiving surfaces),
wherein the first proximal optical axis intersects the first surface and the second surface and is non-perpendicular to the first surface of the first image capture sensor (depicted in FIG. 8);
directing a second light along a second distal optical axis (distal portion of optical axis OR, FIG. 8) through a second objective lens assembly (left imaging optical system 60L, FIG. 8, par. 137 disclose light is transmitted through imaging optical systems and received by light receiving surfaces); and
after exiting the second objective lens assembly,
directing the second light along a second proximal optical axis (proximal portion of optical axis OR, FIG. 8) to a second surface (light receiving surface 71L, FIG. 8) of a second image capture sensor (image sensor 70L, FIG. 8, par. 137 disclose light is transmitted through imaging optical systems to the reflexing mirrors and then received by light receiving surfaces),
wherein the first distal optical axis is non-parallel to the second distal optical axis (FIG. 8, par. 92 discloses it is not necessary that the optical axes OR and OL are parallel to each other).
Regarding Claim 21, Morizumi discloses
The method of claim 20 wherein the second proximal optical axis is non- perpendicular to the second surface of the second image capture sensor (depicted in FIG. 8).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morizumi et al. (US 20140210945 A1, hereinafter Morizumi) as applied to claim 1 above, and further in view of Street (US 6547720 B1).
Regarding Claim 3, Morizumi discloses all of the elements of the current invention disclosed in claim 1, however, Morizumi does not disclose wherein a distance between an entrance pupil of the first objective lens assembly and an entrance pupil of the second objective lens assembly is in a range of 3.5 mm to 5.5 mm.
Street teaches an analogous stereoscopic endoscope with an image capture assembly (depicted in FIG. 1). The assembly including a pair of optical relay channels (2a/2b, i.e. image capture sensors) which receive light via objective lenses (3a/3b, i.e. lens assemblies) which have a lens spacing (T, FIG. 1) between one another of 4 mm, allowing for an angle, i.e. convergence angle, of 3.8 degrees [FIG. 1, Col. 5, Ln. 35-41].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the lens assembly of Morizumi with the lens spacing of Street in
order to provide an optimized convergence angle which is preferable for good hand-eye coordination and a natural appearance of the relayed image [Street - Col. 5, Ln. 53-60].
Additionally, this modification would be beneficial for the optical system of Morizumi since the current lens assemblies require adjustment based on the convergence angle which informs the distance between optical axes, i.e. distance between lens assemblies [0088].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morizumi et al. (US 20140210945 A1, hereinafter Morizumi) as applied to claim 1 above, and further in view of Keller et al. (US 20110043612 A1, hereinafter Keller).
Regarding Claim 4, Morizumi discloses all of the elements of the current invention disclosed in claim 1, however, Morizumi does not disclose wherein the first objective lens assembly has a length in a range of 20 mm to 25 mm.
Keller teaches an analogous stereoscopic endoscope system (100, FIG. 1) having an endoscope (110, FIG. 1) with an image capture assembly (single light-receiving device 180). The assembly (180) including an imager (181, i.e. image capture sensor) and a lens assembly (focusing optics 182, FIG. 1), which can be a lens or set of lenses of various sizes such as 20 mm or 24 mm [0028].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the lens assembly of Morizumi with the lenses of Keller in
order to provide a system with a plurality of lenses that allow for superior focusing via manipulation and adjustment of light so that images may be directly eye-viewable from the scope [Keller - 0028] and allow for the viewing of a variety of color bands of the full image [Keller - 0025].
Additionally, the lens assembly of Morizumi would allow for this modification since the imaging optical system (60R/60L, FIG. 8) may be formed with a plurality of lenses which are not limited to a specific configuration [Morizumi – 0095].
Claim(s) 13-15, 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morizumi et al. (US 20140210945 A1, hereinafter Morizumi) in view of Wilson et al. (US 20140187857 A1, hereinafter Wilson).
Regarding Claim 13, Morizumi discloses all of the elements of the current invention disclosed in claim 1, and Morizumi further discloses wherein the first objective lens assembly includes a first lens component and a second lens component (par. 92 discloses imaging optical systems are formed with a plurality of lenses which are supported within a lens barrel, i.e. coaxial).
However, Morizumi does not disclose second lens component co-axial with the first lens component, and wherein the first lens component is movable relative to the second lens component to focus the first objective lens assembly.
Wilson teaches an analogous image acquisition device (FIG. 3,4) having a first image capture sensor (photo sensor 305), a first objective lens assembly (optical zoom assembly 404, 409, 405, 410 and 406), a second objective lens assembly (optical zoom assembly 401, 407, 402, 408, 403), and an optical element (intermediate optics 301). The first objective lens assembly having a first lens component (409, FIG. 4) and a second lens component (410, FIG. 4) which are coaxial and movable [FIG. 4, 0034]. The movable lenses allow for improved magnification and focusing capabilities [0034; 0045 & 0054].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the lens assembly of Morizumi with the independent multi-lens optical zoom assembly of Wilson in order to have different magnification powers simultaneously based on independently moving lens elements, thus image a magnified view while also imaging a wider angled view [Wilson - 0033].
Regarding claim 14, Morizumi, as previously modified by Wilson, discloses all of the elements of the current invention disclosed in claim 13, Wilson further teaches
an actuator system (actuators 411, 412, 413, and 414, FIG. 4),
wherein the actuator system is configured to receive first control signals to move the first lens component relative to the second lens component to focus the first objective lens assembly (par. 34 discloses the position of movable lens elements will dictate the magnification level of each assembly; par. 45, 54 disclose focusing means for zoom optics).
Regarding claim 15, Morizumi, as previously modified by Wilson, discloses all of the elements of the current invention disclosed in claim 14, Wilson further teaches wherein the actuator system is configured to receive second control signals to focus the second objective lens assembly independently of the first objective lens assembly (par.34 discloses the position of movable lens elements will dictate the magnification level of each assembly; par. 45, 54 disclose focusing means for zoom optics; par. 33 discloses independence between optical zoom assemblies).
Regarding Claim 24, Morizumi discloses all of the elements of the current invention disclosed in claim 20, and Morizumi further discloses a first lens component and a second lens component (par. 92 discloses imaging optical systems are formed with a plurality of lenses which are supported within a lens barrel, i.e. coaxial).
However, Morizumi does not disclose focusing the first objective lens assembly by moving a first lens component of the first objective lens assembly relative to a second lens component of the first objective lens assembly.
Wilson teaches an analogous image acquisition device (FIG. 3,4) having a first image capture sensor (photo sensor 305), a first objective lens assembly (optical zoom assembly 404, 409, 405, 410 and 406), a second objective lens assembly (optical zoom assembly 401, 407, 402, 408, 403), and an optical element (intermediate optics 301). The first objective lens assembly having a first lens component (409, FIG. 4) and a second lens component (410, FIG. 4) which are coaxial and movable [FIG. 4, 0034]. The movable lenses allow for improved magnification and focusing capabilities [0034; 0045 & 0054].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the lens assembly of Morizumi with the independent multi-lens optical zoom assembly of Wilson in order to have different magnification powers simultaneously based on independently moving lens elements, thus image a magnified view while also imaging a wider angled view [Wilson - 0033].
Regarding claim 25, Morizumi, as previously modified by Wilson, discloses all of the elements of the current invention disclosed in claim 24, Wilson further teaches wherein focusing the first objective lens assembly comprises providing control signals to an actuator (actuators 411, 412, 413, and 414, FIG. 4) to move the first lens component relative to the second lens component (par. 34 discloses the position of movable lens elements will dictate the magnification level of each assembly; par. 45, 54 disclose focusing means for zoom optics).
Regarding claim 26, Morizumi, as previously modified by Wilson, discloses all of the elements of the current invention disclosed in claim 24, Wilson further teaches
focusing the second objective lens assembly by moving a first lens component (lens element 407, FIG. 4) of the second objective lens assembly relative to a second lens component (lens element 408, FIG. 4) of the second objective lens assembly (depicted in FIG. 4),
wherein the focusing of the first and second objective lens assemblies are controlled independently (par. 34 discloses the position of movable lens elements will dictate the magnification level of each assembly; par. 45, 54 disclose focusing means for zoom optics; par. 33 discloses independence between optical zoom assemblies).
Conclusion
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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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