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 .
Information Disclosure Statement
The Information Disclosure Statement filed on 11/13/2024 is acknowledged.
DETAILED ACTION
The instant application having Application No. 18/389,058 filed on 11/13/2024 is presented for examination by the Examiner.
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Objections
Claims 1-19 are objected to because of the following informalities:
Claim 1 recites “0,02<|n1-n2|<0,07” in line 13. It is suggested that this is replaced by “0.02<|n1-n2|<0.07”, for better clarity.
Claim 16 lacks a period at the end thereof.
Claims 2-19 depend from claim 1 and are objected for the reason give above.
Appropriate correction is required.
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.
Claims 1-19 are 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 1 recites the limitation " a distal group of first and second meniscus lenses, is the first meniscus lens having a negative meniscus and the second meniscus lens having a positive meniscus " in lines 4-6. It is not clear how a first meniscus lens “has” a negative meniscus and how a second meniscus lens “has” a positive meniscus. For examination purposes, it will be assumed that the quoted limitation refers to the first meniscus lens being a negative meniscus lens and the second meniscus lens being a positive meniscus lens.
Claim 1 recites the limitation " wherein the first and second meniscus lenses of the distal group are made from different glass types having Abbé numbers γ1, γ2 with |γ1-γ2|<20" in lines 9-11. It is not clear whether the two lenses are made from different glass types having different Abbe numbers, respectively, or whether each lens is made from two different glass types. For examination purposes, it will be assumed that the quoted limitation refers to the former, i.e., the two lenses are made from materials having Abbe numbers γ1, γ2, respectively.
Also, claim 1 recites “different glass types” in line 10. The addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955). MPEP 2173.05(b)(III)E. For examination purposes, it will be assumed that the above limitation refers to glass (lenses).
Claims 2-19 depend from claim 1 and are indefinite for the reasons given above.
Allowable subject matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 2-19 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 an Examiner’s statement of reasons for allowance.
The prior art taken either singularly or in combination fails to anticipate or fairly suggest
the limitations of the independent claim in such a manner that a rejection under 35 U.S.C. §102
or §103 would be proper, which include: (claim 1) " Attachment optics for use with a camera head for fluorescence imaging in open surgery, the attachment optics comprising:… a distal group of first and second meniscus lenses, is the first meniscus lens having a negative meniscus and the second meniscus lens having a positive meniscus, a biplanar glass rod and refractive indexes n1, n2 with 0.02<❘n1-n2❘<0.07 and wherein the ratio of a focal length F of the optical system to the maximum outer diameter D of the first and second meniscus lenses of the distal group is F/D>10".
Claims 2-19 are dependent from claim 1 and are allowable for the same reason given
above.
The attachment optics 110, for use with a camera head for fluorescence imaging in open surgery via an exoscope 2 (Fig. 1, 2), of claim 1, comprises an optical system comprising a first negative meniscus lens 124, a second positive meniscus lens 126, a biplanar glass rod 128 and a third meniscus lens 130 (Fig. 3A). The first and second lens have respective refractive indices n1, n2, satisfying 0.02<|n1-n2|<0.07, respective Abbe numbers γ1, γ2 satisfying ❘γ1-γ2❘<20, and wherein the ratio of the focal length F of the optical system to the maximum outer diameter D of the first and second lenses D satisfies F/D>10.
Sakurada (US 2023/0055267, hereinafter, “Sakurada”) discloses an optical system in an endoscope (i.e., used for imaging in surgery), [0032]. In one embodiment, the optical system 14 comprises a first negative meniscus lens L1, a second positive meniscus lens L2, a biplanar plate F1 and a third positive meniscus lens L3 (Fig. 8, [0112]-[0115]). The first and second lens have Abbe numbers γ1=33.79, γ2=17.47 ([0143]), satisfying ❘γ1-γ2|=16.32. However, the first and second lens have refractive indexes n1=1.65222, n2=1.97189 ([0143]), satisfying ❘n1-n2❘=0.1967, which is away from the claimed range. Moreover, Sakurada is silent as to the ratio F/D being in the claimed range.
Nomi (US 2022/0365315, hereinafter, “Nomi”) discloses an optical system in an endoscope (i.e., used for imaging in surgery), [0002]. In one embodiment, the optical system of Nomi comprises a first plano-concave negative lens L1, a second negative meniscus lens L2, a biplanar plate P and a third negative meniscus lens L5 (Fig. 1A, [0070]-[0075]).
Bauman (US 2021/0157120, hereinafter, “Bauman”) discloses an optical system in an endoscope (i.e., used for imaging in surgery), [0015]. In one embodiment, the optical system of Bauman comprises a first biconvex negative lens 40, a second positive meniscus lens 60, a biplanar plate P and a third negative meniscus lens 80 (Fig. 1, [0057).
Horton (US 5,568,312, hereinafter, “Horton”) discloses an optical system in an endoscope (i.e., used for imaging in surgery), col. 2, lines 65-67. In one embodiment, the optical system of Horton comprises a cylindrical rod comprising a concatenation of convex-concave/convex-plano/plano-convex/concave-convex lenses (Fig. 1, col. 4, lines 40-52).
Liang et al. (CN 115308177, hereinafter, “Liang”) discloses (figure numbers refer to the original and paragraph numbers refer to the English translation) an objective lens used to collect fluorescence signals. In one embodiment, the objective lens of Liang comprises a first positive meniscus lens having n1= 1.95, a second negative meniscus lens having n2=1.70, and a third positive meniscus lens (Fig. 3, [0010]-[0011]). However, Liang’s optical system lacks a concatenation of negative meniscus/positive meniscus, a biplanar rod, and the value for |n1-n2|=0.25, is away from the claimed range.
Liang et al. (CN 115016110, hereinafter, “Liang1”) discloses (figure numbers refer to the original and paragraph numbers refer to the English translation) an objective lens used to collect fluorescence signals. In one embodiment, the objective lens of Liang1 comprises a first positive meniscus lens having n1= 1.62, a second negative meniscus lens having n2=1.81, and a third biconvex lens (Fig. 4a, [0132]-[0134]). However, Liang1’s optical system lacks a concatenation of negative meniscus/positive meniscus, a biplanar rod, and the value for |n1-n2|=0.19, is away from the claimed range.
Chen et al. (CN 113960755, hereinafter, “Chen”) discloses (figure numbers refer to the original and paragraph numbers refer to the English translation). an objective lens used to collect fluorescence signals. In one embodiment, the objective lens of Chen comprises a first positive lens, a second negative meniscus and a third biconvex lens (Fig. 1, [0007]-[008], [0011]). However, Chen’s optical system lacks a concatenation of negative meniscus/positive meniscus, and a biplanar rod.
None of the cited art herein discloses the claimed particulars of the concatenation of lenses and rod, and having the claimed ranges for the |n1-n2| and F/D.
Claims 2-19 depend from claim 1 and are allowable for the reasons given above.
Any comments considered necessary by Applicant must be submitted no later than the
payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”. Applicant’s comments in the received reply of 3/2/2026 are acknowledged.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872