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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
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) 1-6, 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deckers WO2012101549 and further in view of Oneda US20100298640.
Deckers discloses for claim 1, “A device (lens module 400; fig 4; page 10) for use with an endoscope, the device comprising:
a main body (housing of the lens module 400; fig 4) comprising a visualization section (potion of the housing allowing imaging via light path 407) for allowing viewing of tissue by the endoscope and a proximal end configured for removable attachment to a distal end portion of the endoscope (mechanical connectors 470, 475; fig 4; page 10); and
an actuator (wireless transceiver 450; page 10 describes the wireless transceiver may receive control signals into the lens module for controlling the actively-adjustable lens) within the main body”.
Deckers does not disclose:
a device for use with an endoscope “having an optical lens”;
an actuator within the main body “a coupling element within the main body and configured to couple the actuator to the optical lens in the endoscope positioned to be in operational proximity to the optical lens when the proximal end of the main body is attached to the distal end portion of the endoscope, the actuator being configured to alter a characteristic of the optical lens”.
Oneda teaches in the same field of endeavor, a similar endoscope with a detachable cap/capsule (fig 2B, 3) with corresponding imaging structures, e.g. a camera and a camera lens. Oneda additionally teaches that for such devices, multiple cameras can be configured with different viewing directions, i.e. front viewing and side viewing and that importantly, the camera lens 122 in capsule 120 may be included in the insertion tube 102 (fig 1; 0096), i.e. rather than on the cap/capsule itself, stating that “This alternative may be used to make capsule 120 smaller” (0096) or in addition to, providing greater field of view. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Oneda into the invention of Deckers in order to configure the device e.g. as claimed, specifically to have the side viewing lens module 400 (fig 4) of Deckers, but also configure an additional forward viewing camera setup with a like active lens 420 of the side view configuration on the insertion tube as depicted in fig 1 of Deckers, per the teaching of Oneda (the camera lens may be included in the insertion tube) because it allows for a greater field of view, while still managing the smaller size of the cap (Oneda: 0096), additionally using the disclosed teachings from Oneda (electrical connection ports 130 and 134; fig 2B, 3; 0072 between the cap/capsule and the insertion tube usable to power and control the electrical components) and Deckers (electrical connections 360 and 365 for transmitting control signals fig 3; page 9) to configure the claimed coupling element the control lines from wireless transceiver 450 to control the modified front viewing camera and active lens 420 in the endoscope insertion tube.
Modified Deckers discloses for claim 2, “The device of claim 1, wherein the actuator is configured to alter a focal length of the optical lens (scope side electrically-operated actively adjusted lens 420 configured with electrical control connections from wireless transceiver 450; fig 4; page 10 and described in the context of fig 2 at page 9, i.e. fluid focused lenses with the shape of the meniscus controlled by electricity provided to the fluid lens)”.
Modified Deckers discloses for claim 3, “The device of claim 2, wherein the actuator is configured to alter a curvature of the optical lens (scope side electrically-operated actively adjusted lens 420 configured with electrical control connections from wireless transceiver 450; fig 4; page 10 and described in the context of fig 2 at page 9, i.e. fluid focused lenses with the shape of the meniscus controlled by electricity provided to the fluid lens)”.
Modified Deckers discloses for claim 4, “The device of claim 1, wherein the actuator comprises a receiver (antenna 455; fig 4) configured to wirelessly receive energy from a source of energy and to transmit the energy to the optical lens (scope side electrically-operated actively adjusted lens 420 configured with electrical control connections from wireless transceiver 450; fig 4; page 10 and described in the context of fig 2 at page 9, i.e. fluid focused lenses with the shape of the meniscus controlled by electricity provided to the fluid lens)”.
Modified Deckers discloses for claim 5, “The device of claim 1, wherein the actuator comprises a power supply (battery 460; fig 4) and a coupling element (modified conductor 480 and electrical connectors 360 365 to connect to the endoscope side camera and lens) coupled to the power supply, wherein the coupling element is configured to transfer energy from the power supply to the optical lens when the proximal end of the main body is attached to the distal end portion of the endoscope (battery 460 connects to the cap side optical lens and configured to likewise connect to the scope side optical lens)”.
Modified Deckers discloses for claim 6, “The device of claim 4, wherein the optical lens comprises a fluid, the actuator being configured to alter a shape of the fluid to alter the curvature of the optical lens (scope side electrically-operated actively adjusted lens 420 configured with electrical control connections from wireless transceiver 450; fig 4; page 10 and described in the context of fig 2 at page 9, i.e. fluid focused lenses with the shape of the meniscus controlled by electricity provided to the fluid lens)”.
Modified Deckers discloses for claim 9, “The device of claim 6, wherein the actuator is configured to supply electrical energy to the fluid (scope side electrically-operated actively adjusted lens 420 configured with electrical control connections from wireless transceiver 450; fig 4; page 10 and described in the context of fig 2 at page 9, i.e. fluid focused lenses with the shape of the meniscus controlled by electricity provided to the fluid lens)”.
Modified Deckers discloses for claim 10, “The device of claim 9, wherein the actuator further comprises one or more electrodes (scope side electrically-operated actively adjusted lens 420 configured with electrical control connections from wireless transceiver 450) coupled to the receiver (antenna 455; fig 4) and configured to contact the optical lens when the proximal end is attached to the distal end portion of the endoscope”.
Modified Deckers discloses for claim 11, “The device of claim 10, wherein the receiver is configured to convert the energy to an electrical current and to apply the electric current across the electrodes (antenna 455; fig 4).
Modified Deckers discloses for claim 12, “The device of claim 4, wherein the energy comprises an electromagnetic field (antenna 455 receives EMF energy)”.
Modified Deckers discloses for claim 13, “The device of claim 12, wherein the receiver comprises a magnetic coil (wireless electrical elements 360 and 365 are described as inductive coils page 9)”.
Modified Deckers discloses for claim 14, “The device of claim 12, wherein the receiver comprises an electrode (Oneda: electrical connection ports 130 and 134; fig 2B, 3; 0072 between the cap/capsule and the insertion tube usable to power and control the electrical components)”.
Modified Deckers discloses for claim 15, “The device of claim 4, wherein the energy comprises electromagnetic radiation (antenna 455 receives EMF energy)”.
Modified Deckers discloses for claim 16, “The device of claim 15, wherein the receiver comprises an antenna (antenna 455 receives EMF energy)”.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deckers and Oneda as applied to claim 6 above, and further in view of Tearney US 20140221753.
Deckers does not disclose for claim 7, “The device of claim 6, wherein the actuator is configured to change a pressure of the fluid”. Deckers does disclose electrically changing the shape of the fluid lens, but which may not specifically include changing a pressure. Tearney teaches in the same field of endeavor, that fluid lenses can be adjusted by changing a pressure or volume to change the focus (0009). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Tearney into the invention of Deckers in order to configure the device e.g. as claimed because it allows other modalities for operation and therefore flexibility in configuration.
Deckers does not disclose for claim 8, “The device of claim 6, wherein the actuator is configured to change a volume of the fluid within the lens”. Deckers does disclose electrically changing the shape of the fluid lens, but which may not specifically include changing a pressure. Tearney teaches in the same field of endeavor, that fluid lenses can be adjusted by changing a pressure or volume to change the focus (0009). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Tearney into the invention of Deckers in order to configure the device e.g. as claimed because it allows other modalities for operation and therefore flexibility in configuration.
Response to Arguments
Applicant's arguments filed 3/17/2026 have been fully considered but they are not persuasive.
Applicant first argues on the last paragraph of page 9, that the references Deckers and Oneda primarily describe detachable tip modules in which the optical lens is housed within the detachable module itself and incorrectly concludes that “In both references, the actuators that modify the optical system act on a lens contained within the detachable imaging module”, i.e. suggesting that this is the only configuration that is disclosed. This is incorrect as previously cited in the rejection above, that Oneda
“additionally teaches that for such devices, multiple cameras can be configured with different viewing directions, i.e. front viewing and side viewing and that importantly, the camera lens 122 in capsule 120 may be included in the insertion tube 102 (fig 1; 0096), i.e. rather than on the cap/capsule itself” (para iii. above).
This teaching by Oneda explicitly allows for modifications to Deckers to configure both a front viewing camera on the distal tip and a side viewing camera located on the insertion tube portion of the endoscope. Both references also disclose a forward viewing camera configuration (Deckers: fig 1-3; Oneda: figs 2-4) and a side viewing camera configuration (Deckers: fig 4, 5, where configuration of fig 4 contains the variable focus lens which is modifiable to any of the configurations due to the clear advantages such a lens has over a static lens; Oneda: 0096). The modification would entail taking a forward viewing configuration of Deckers and adding a side viewing camera with a variable lens on the insertion section, every feature of which is disclosed and anticipated in the references. Oneda additionally discloses the electrical connections, i.e. port 134 as the newly claimed coupling element.
Applicant’s additional arguments divert from the proposed modification in that it proposes a combination that is not relied upon in the rejection, i.e. involving relocating and redesigning (page 10) of a single camera. Again, such a configuration proposed by the applicant is not the one relied upon and therefore the arguments are deemed not persuasive.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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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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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
05/16/26
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