DETAILED ACTION
Response to Arguments
Applicant’s arguments, see application, filed 12/08/2025, with respect to the 112 rejection have been fully considered and are persuasive. The 112 rejection has been withdrawn.
Applicant has decided to keep the double patenting rejection in abeyance until prosecution finishes. The examiner will address this rejection when applicant properly responds to the double patenting rejection.
For claim 4, applicant argues that Gilad does not teach “an intermediate section between the distal section and the proximal section, wherein the intermediate section includes a surface configured to carry a camera of the first optical assembly” {See Remarks Pg. 10}. The examiner respectfully disagrees. Gilad discloses in Fig. 4 a distal section (15, 25) and proximal section (15’, 25’). Also, an intermediate section (110, 111, 111’, 113, 112, 12, 13, 14) for supporting camera (25).
For claim 33, applicant argues that Gilad does not each “a holder including a first surface at a distalmost end of the holder for supporting an illuminator surface of the first optical assembly”. The examiner respectfully disagrees. Gilad discloses a holder with optical windows for covering the illumination sources associated with the first camera. Therefore, the holder windows support/assist/help with the protection of the illumination sources.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,497,388. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope is broader in this instant application.
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 38-40 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. Independent claim 38 defines “a second optical assembly including a second camera and a third camera”. However, the drawings show a front camera with optics, a first side camera with optics, and a second side camera with optics. It is unclear where a second optical assembly comprises of two cameras.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 21 and 25 are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Gilad et al. (herein after will be referred to as Gilad) (US 20100326703).
Regarding claim 21, Gilad discloses
an electronic assembly for a medical device, wherein the electronic assembly comprises: [See Gilad [Title] In vivo sensing device.]
a first optical assembly; [See Gilad [Fig. 6] Camera (25).]
a second optical assembly; [See Gilad [Fig. 6] Camera (25’).]
a flexible circuit board having a bent configuration and an unbent configuration, and [See Gilad [Title] Flexible circuit board. Also, see Figs. 6-15, unbent to bent configuration.]
wherein the flexible circuit board comprises: a distal section configured to hold the first optical assembly and a proximal section configured to hold the second optical assembly, and [See Gilad [Fig. 4] Distal section corresponds to parts camera (25) and proximal section corresponds to housing/support (15’) supporting camera (25’).]
an intermediate section between the distal section and the proximal section, wherein the intermediate section includes a surface configured to carry a camera of the first optical assembly; [See Gilad [Fig. 4] Intermediate section corresponds to parts (110, 111, 111’, 113, 112, 12, 13, 14) which is a surface for supporting camera (25).]
a holder configured to hold the flexible circuit board and including a first space configured to receive the first optical assembly and a second space configured to receive the second optical assembly. [See Gilad [Fig.13] Holder (101).]
Regarding claim 25, Gilad discloses the assembly of claim 21. Furthermore, Gilad discloses
the intermediate section is proximal to the distal section, wherein the intermediate section includes a center portion, a first side panel, and a second side panel, wherein the first side panel and the second side panel are angled relative to the center portion when the flexible circuit board is in the bent configuration. [See Gilad [Fig. 3] Intermediate section includes part (111’) is a 3D shape including a top portion and two side portions which are perpendicular to the top portion in the bent and unbent configuration.]
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 22-23 and 29 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilad (US 20100326703) in view of Han (US 20110118549).
Regarding claim 22, Gilad discloses the assembly of claim 21. Furthermore, Gilad does not explicitly disclose
wherein the distal section of the flexible circuit board includes a first distal portion, a second distal portion, and a proximal portion that together form an arc shape configured to support the first optical assembly.
However, Han does disclose
wherein the distal section of the flexible circuit board includes a first distal portion, a second distal portion, and a proximal portion that together form an arc shape configured to support the first optical assembly. [See Han [Fig. 1] Image sensor (22) is supported by an arc/curved shape, which comprises a flat portion before the sensor, followed by the vertical portion which the image sensor resides on, followed by the backside vertical portion.]
It would have been obvious to the person of ordinary skill in the art at the time of the invention to modify the device by Gilad to add the teachings of Han, in order to adjust the configuration of the flexible circuit board without unexpected results. Additionally, see Han [0003].
Regarding claim 23, Gilad discloses the assembly of claim 21. Furthermore, Gilad does not explicitly disclose
wherein the holder comprises: a first planar distal surface extending transverse to a central longitudinal axis of the first optical assembly; and a second planar distal surface extending transverse to the central longitudinal axis of the first optical assembly; wherein the first space of the holder extends between the first planar distal surface and the second planar distal surface.
However, Han does disclose
wherein the holder comprises: a first planar distal surface extending transverse to a central longitudinal axis of the first optical assembly; and a second planar distal surface extending transverse to the central longitudinal axis of the first optical assembly; wherein the first space of the holder extends between the first planar distal surface and the second planar distal surface. [See Han [Fig. 1] Holder includes bottom part which has perpendicular sides as compared to optical axis of the camera, and a space between the perpendicular sides.]
Applying the same motivation as applied in claim 22.
Regarding claim 29, Gilad (modified by Han) disclose the assembly of claim 21. Furthermore, Gilad does not explicitly disclose
wherein the first planar distal surface and the second planar distal surface are distal to an image sensor of the first optical assembly.
However, Han does disclose
wherein the first planar distal surface and the second planar distal surface are distal to an image sensor of the first optical assembly. [See Han [Fig. 1] Holder includes bottom part which has perpendicular sides as compared to optical axis of the camera and extend.]
Applying the same motivation as applied in claim 22.
Claims 30-32 and 38-40 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilad (US 20100326703) in view of Levy et al. (herein after will be referred to as Levy) (US 20120065468).
Regarding claim 30, Gilad discloses the assembly of claim 21. Furthermore, Gilad does not explicitly disclose
wherein the holder extends distal to a fluid channeling component.
However, Levy does disclose
wherein the holder extends distal to a fluid channeling component. [See Levy [Fig. 3] Housing and injector extend at the distal end.]
It would have been obvious to the person of ordinary skill in the art at the time of the invention to modify the device by Gilad to add the teachings of Levy, in order improve upon the complicated packing of all the required elements [See Levy [0005]].
Regarding claim 31, Gilad discloses the assembly of claim 21. Furthermore, Gilad does not explicitly disclose
wherein the first space of the holder is configured to receive a portion of a fluid channeling component.
However, Levy does disclose
wherein the first space of the holder is configured to receive a portion of a fluid channeling component. [See Levy [Fig. 3] Housing and injector extend at the distal end.]
Applying the same motivation as applied in claim 30.
Regarding claim 32, Gilad discloses the assembly of claim 21. Furthermore, Gilad does not explicitly disclose
wherein a first central longitudinal axis of the first optical assembly is transverse to a second central longitudinal axis of the second optical assembly.
However, Levy does disclose
wherein a first central longitudinal axis of the first optical assembly is transverse to a second central longitudinal axis of the second optical assembly. [See Levy [Fig. 5] Front facing camera and side facing camera.]
It would have been obvious to the person of ordinary skill in the art at the time of the invention to modify the device by Gilad to add the teachings of Levy, in order improve upon an endoscopes limited field of view [See Levy [0005]].
Regarding claim 38, Gilad discloses an electronic assembly for a medical device, comprising:
a first optical assembly including a first camera; [See Gilad [Fig. 4]
a flexible circuit board having a bent configuration and an unbent configuration, and [See Gilad [Figs. 4-16]
wherein the flexible circuit board comprises: a distal section configured to hold the first optical assembly and including a first distal portion, a second distal portion, an opening configured to receive the first optical assembly, and [See Gilad [Fig. 4] Parts (15’ and 12’), where 12’ includes opening.]
a proximal portion coupled to the first and the second distal portions. [See Gilad [Fig. 4] Part (111’).]
Gilad does not explicitly disclose
a second optical assembly including a second camera and third camera;
However, Levy does disclose
a second optical assembly including a second camera and third camera; [See Levy [Fig. 5B] side facing cameras.]
It would have been obvious to the person of ordinary skill in the art at the time of the invention to modify the device by Gilad to add the teachings of Levy, in order improve upon an endoscopes limited field of view [See Levy [0005]].
Regarding claim 40, Gilad (modified by Armstrong) disclose the assembly of claim 38. Furthermore, Gilad discloses
wherein: the flexible circuit board further includes an intermediate section proximal to the distal section, wherein the intermediate section includes a center portion, a first side panel, and a second side panel, [See Gilad [Fig. 4] Intermediate parts (110-113) consist of central portion (110) and lateral portions (11, 12, 13).]
wherein the first side panel and the second side panel are angled relative to the center portion when the flexible circuit board is in the bent configuration; and [See Gilad [Fig. 4] The lateral portions are bent and offset in a specific plane.]
the first optical assembly includes an optical axis, wherein the optical axis extends in a plane substantially perpendicular to the distal section when the flexible circuit board in the bent configuration. [See Gilad [Figs. 15-16]]
Claims 33 and 35-36 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilad (US 20100326703) in view of Nomura et al. (herein after will be referred to as Nomura) (US Patent No. 5,826,126).
Regarding claim 33, Gilad discloses an electronic assembly for a medical device, comprising:
a first optical assembly; a second optical assembly; [See Gilad [Fig. 16] Two cameras.]
a flexible circuit board having a plurality of bends, [See Gilad [Figs. 1-14] Bending a flex circuit board multiple times.]
including a first portion is coupled to the first optical assembly, and the second portion is coupled to the second optical assembly. [See Gilad [Fig. 4] Different portions coupled to the two cameras.]
an intermediate section, and [See Gilad [Fig. 3] Intermediate section corresponds to parts (110, 111, 111’, 113, 112, 12, 13, 14).]
a rear section, including a first portion coupled to the first optical assembly, and a second portion coupled to the second optical assembly, and [See Gilad [Fig. 3] Parts (11, 15) is a rear section which couple to the camera/optics, wherein parts (11, 15) couple indirectly to anything else in the device, such as the front camera supports or camera/optics (11’, 15’, etc.).]
a holder including a first surface at a distalmost end of the holder for supporting an illuminator surface of the first optical assembly. [See Gilad [Fig. 16] Holder with optical windows for covering the illumination sources associated with the first camera. Therefore, the holder windows support/assist/help with the protection of the illumination sources associated with the first camera.]
Gilad does not explicitly disclose
wherein the flexible circuit board comprises: a front section configured to support the first optical assembly and including a U-shaped portion configured to receive the first optical assembly;
However, Nomura does disclose
wherein the flexible circuit board comprises: a front section configured to support the first optical assembly and including a U-shaped portion configured to receive the first optical assembly, [See Nomura [Fig. 5] Flex circuit board (6), which has a U shaped opening.]
It would have been obvious to the person of ordinary skill in the art at the time of the invention to modify the device by Gilad to add the teachings of Nomura, in order to improve upon a flexible PCB housing structure (Nomura Col. 1 1st para.)
Regarding claim 35, Gilad (modified by Nomura) disclose the assembly of claim 33. Furthermore, Gilad does not explicitly disclose
wherein the first portion is proximal to the U-shaped portion.
However, Nomura does disclose
wherein the first portion is proximal to the U-shaped portion. [See Nomura [Fig. 5] Flex circuit board (6), which has a U-shaped opening defined by the forward parts and intermediate parts in different axes proximate/near the forward parts.]
Applying the same motivation as applied in claim 33.
Regarding claim 36, Gilad (modified by Nomura) disclose the assembly of claim 35. Furthermore, Gilad does not explicitly disclose
wherein the second portion is proximal to the first portion.
However, Zhang does disclose
wherein the second portion is proximal to the first portion. [See Zhang [Fig. 7] The intermediate section is proximate to the rear section.]
Applying the same motivation as applied in claim 33.
Claim 39 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gilad (US 20100326703) in view of Levy (US 20120065468) and in further view of Han (US 20110118549).
Regarding claim 39, Gilad (modified by Armstrong) disclose the assembly of claim 38. Furthermore, Gilad does not explicitly disclose
further comprising a holder including: a first planar distal surface extending transverse to a central longitudinal axis of the electronic assembly; a second planar distal surface extending transverse to the central longitudinal axis of the electronic assembly; and a space extending between the first planar distal surface and the second planar distal surface, wherein the space is configured to receive the first optical assembly.
However, Han does disclose
further comprising a holder including: a first planar distal surface extending transverse to a central longitudinal axis of the electronic assembly; a second planar distal surface extending transverse to the central longitudinal axis of the electronic assembly; and a space extending between the first planar distal surface and the second planar distal surface, wherein the space is configured to receive the first optical assembly. [See Han [Fig. 1] Holder includes bottom part which has perpendicular sides as compared to optical axis of the camera, and a space between the perpendicular sides. This space defined by bottom part holder and top part holder includes space for optical parts (30 and 22).]
It would have been obvious to the person of ordinary skill in the art at the time of the invention to modify the device by Gilad to add the teachings of Han, in order to adjust the configuration of the flexible circuit board holder without unexpected results. Additionally, see Han [0003].
Allowable Subject Matter
Claims 24, 26-28, 34 and 37 would be allowable if rewritten to overcome the non-statutory double patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 JAMES T BOYLAN whose telephone number is (571)272-8242. The examiner can normally be reached Monday-Friday 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached at 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES T BOYLAN/Examiner, Art Unit 2486