DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to amendment filed 01/08/2026 in which the claims 15-37 are pending.
Response to Arguments
Applicant's arguments filed 01/08/2026 have been fully considered but they are not persuasive.
Applicant argues that Claims 15-17, 20-22, 24-25, 28-31 and 34-35 are rejected in view of Scholer and Rice, with this rejection being respectfully traversed. Without concession to the propriety of the rejection, claim 1 has been amended to clarify that the optical marking(s) and the cover glass are both in the beam path and readable by the camera. In contrast, and in Scholer, as can be seen in Fig. 2 thereof below, the optical markings (30) are outside the beam path.
Scholer specifically states that "...the object is achieved by an optical system comprising a plurality of optical components which define a beam path of the optical system, wherein the optical system is formed by the fact that the optical components in each case located outside the beam path comprise at least one marking, wherein the at least one marking of the optical component comprises information regarding a spatial arrangement of this optical component in the optical system."
These optical markings in Scholer are readable by a user to "allow a much higher precision of the alignment of the optical components relative to each other," and, as can be clearly seen in Fig. 2 above, are outside the beam path 26.
As the markings in Scholer are not within the beam path of the device, as they are outside the external boundary rays 28, nor readable by the camera 62, claim 1 and all claims with similar features are distinguishable from the reference. See Scholer which states that "The beam path 26 is limited by external boundary rays 28. These define the beam path 26 within the optical components 4, more precisely one of the beam path 26 in the optical components 4 occupied volume."
While Rice may disclose indicia, it is unclear to Applicant how these references could be combined as the optical markings in Scholer must be outside the beam path.
Withdrawal of the rejection at least on this basis is respectfully requested.
Examiner respectfully disagrees and clarifies Scholer et al. that Para[0072] & Fig. 6 teaches optical system 2, which comprises the first lens 32 and second lens 34 shown in FIG. 5. The markings 30a... 30 c denote the position of a first principal plane 42 of the first lens 32. in other words, the markings 30 a... 30c in a plane of the first principal plane 42. In FIG. 30 c, the position of the main plane 42 in space is unambiguously determined. The first principal plane 42 is perpendicular to the first optical axis 36 of the first lens 32. 30c are not necessarily located in the sectional plane shown in Fig. 6. More specifically, the asterisks shown are not the markers 30a... 30c itself, but around their projections into the sectional plane shown in FIG. 6.
Thus Scholar et al clearly teaches the optical marking also being within a beam path, since the lens is positioned directly within the beam path and the markings denoting the principal planes are typically in the beam path on the lens.
Further Para[0069] teaches It is now possible to construct an optical system 2, which is to be constructed, for example, from the first lens 32 and the second lens 34, merely on the basis of the position of the markings 30 a... 30f. For this purpose, the positions of the markings 30 a... 30 f, for example, is detected with a camera and the respective position of the optical axis 36, 38 is calculated.
Hence Scholar et al. clearly teaches the amendment claim limitation “the optical marking also being within a beam path and readable by the camera”
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 15, 17-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-11 of U.S. Patent No. US 11,954,906 B2 in view of Scholer et al. (DE102016214990A1) (machine translation attached). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is obvious over the conflicting patent claim. The difference between the instant and conflicting patent claim is the addition of limitation “the cover glass being within a beam path and fixed to, arranged at and sealing either a proximal end or a distal end of the endoscope. However Scholer discloses “the cover glass being within a beam path and fixed to, arranged at and sealing either a proximal end or a distal end of the endoscope” in Para[0017] –[0019] teaches is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings, the markings are preferably located in an edge region or edge region volume of the respective optical component. They assume a volume within the optical component which lies outside a further volume occupied by the beam path,. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize above limitation, in the method of the conflicting patent claim, to identify the desired optical elements are output to provide optimum imaging quality is achieved for the optical system, as taught by Scholer (Para[0082]).
Instant application: 18/442,873
Patent No.: US 11,954,906 B2
15. An endoscopic system comprising: a light source, a camera and a camera head, and an endoscope, the endoscope including: at least one optical element, wherein the camera is configured to be attached to the endoscope by the camera head, and a cover glass, the cover glass being within a beam path and fixed to, arranged at and sealing either a proximal end or a distal end of the endoscope, the cover glass comprising at least one optical marking, the optical marking also being within a beam path and readable by the camera, each optical marking configured to allow verification of one or more of:
with each optical marking being within the beam path and configured to allow verification of one or more of: an identity of the cover glass, an identity of the endoscope, and a configuration of the endoscope.
1. An endoscopic device comprising: a light source, an optical fiber, a camera, and an endoscope having one or more optical elements, the camera being attached to the endoscope by a camera head, wherein at least one optical element of the one or more optical elements is a lens inside the endoscope and
comprises an optical marking configured to allow verification of one or more of: an identity of the at least one optical element and of the endoscope, such that the each
optical marking can be detected by the camera to verify one or more of: an identity, and a configuration of the endoscopic device, wherein: the at least one optical element is arranged within a beam path, and each optical marking is within the beam path.
3. The endoscopic device according to claim 2, wherein another optical element of the one or more optical elements is a cover glass that comprises an optical marking.
17. The endoscopic system according to claim 15, wherein the at least one optical element is a portion of an eyepiece, a rod lens or an objective lens.
1. …(CON)
wherein at least one optical element of the one or more optical elements is a lens inside the endoscope
4. The endoscopic device according to claim 1, wherein the at least one optical element is a portion of an eyepiece or a rod lens.
18. The endoscopic system according to claim 15, wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length and configured to detect the at least one optical marking.
5. The endoscopic device according to claim 1, wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length to detect the optical marking or the optical markings in a region from a proximal end to a distal end of the endoscope, in each case in a defined marking zoom position, using the zoom lens.
19. The endoscopic system according to claim 18, wherein the zoom lens can be adjusted, using the adjustment mechanism, such that, in an object zoom position for viewing an object to be examined, an image from the camera in the object zoom position is free of the at least one optical marking.
6. The endoscopic device according to claim 5, wherein the zoom lens can be adjusted, using the adjustment mechanism, such that, in an object zoom position for viewing an object to be examined, an image of the camera in the object zoom position is free of the optical marking or the optical markings.
20. The endoscopic system according to claim 15, wherein the at least one optical marking is one or more of: a line marking, a color marking, a QR code, a serial number, and plain text.
7. The endoscopic device according to claim 1, wherein the optical marking and/or the optical markings is or are one or more of: a line marking, a color marking, a QR code, a serial number, and plain text.
21. The endoscopic system according to claim 15, wherein the at least one optical marking is one or more of: etched, engraved, lasered, printed, and written in and/or written on the cover glass.
8. The endoscopic device according to claim 1, wherein the optical marking is one or more of: etched, engraved, lasered, printed, and written in and/or written on the optical element or the optical elements.
22. The endoscopic system according to claim 15, wherein the optical marking is arranged in one or more of: a center, an outer edge, and transversely over a surface of the cover glass.
9. The endoscopic device according to claim 1, wherein the optical marking is arranged in one or more of: the center, on the outer edge, and transversely over a surface of the optical element or the optical elements.
23. The endoscopic system according to claim 15, wherein the optical marking comprises one or more of: a dye, a UV dye, and a fluorescence dye.
10. The endoscopic device according to claim 1, wherein the optical marking comprises one or more of: a dye, a UV dye, and a fluorescence dye.
24. The endoscopic system according to claim 15, wherein the endoscope is configured to be connected to an image and/or data processing system, the image and/or data processing system configured to evaluate and process a recorded image and/or identify the relevant optical marking of the optical element and/or the optical elements, or the endoscopic device comprises the image and/or data processing system.
11. The endoscopic device according to claim 1, wherein the endoscopic device is associated with an image and/or data processing system, the image and/or data processing system configured to evaluate and process a recorded image and/or identify the relevant optical marking of the optical element and/or the optical elements, or the endoscopic device comprises the image and/or data processing system.
Claims 25-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-14 of U.S. Patent No. US 11,954,906 B2. in view of Scholer et al. (DE102016214990A1) (machine translation attached). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is obvious over the conflicting patent claim. The difference between the instant and conflicting patent claim is the addition of limitation “cover glass, optical marking of the cover glass, wherein the cover glass is arranged within a beam path of the endoscope”. However Scholer “cover over glass, optical marking of the cover glass, wherein the cover glass is arranged within a beam path of the endoscope” discloses Para[0017] –[0019] teaches is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings, the markings are preferably located in an edge region or edge region volume of the respective optical component. They assume a volume within the optical component which lies outside a further volume occupied by the beam path,. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize above limitation, in the method of the conflicting patent claim, to identify the desired optical elements are output to provide optimum imaging quality is achieved for the optical system, as taught by Scholer (Para[0082]).
Instant application: 18/442,873
Patent No.: US 11,954,906 B2
25. A method to verify an identity of a component of an endoscopic system, wherein the endoscopic system comprises a light source, a camera and an endoscope comprising one or more optical elements and a cover glass, the method comprising: configuring the endoscopic device by one or more of: arranging and connecting the light source, the camera, via a camera head, and the endoscope, focusing the camera on at least one optical marking of the cover glass, wherein the cover glass
is arranged within a beam path of the endoscope, the at least one optical marking also arranged within a beam path of the endoscope, readable by the camera and configured to allow verification of an identity of at least the endoscope, recording an image of the at least one optical marking by the camera,
analyzing the recorded image and identifying one or more of: the at least one optical marking and the endoscope, and outputting a result of the identification or identifications.
12. A method to verify an identity of a component of an endoscopic device, wherein the endoscopic device comprises a light source, an optical fiber, a camera and an endoscope comprising one or more optical elements, the method comprising: configuring the endoscopic device by one or more of: arranging and connecting the light source, the optical fiber, the camera, via a camera head, and the endoscope, focusing the camera on at least one optical marking of one of the optical elements, wherein the at least one optical element of the one or more optical elements is a lens arranged within a beam path inside the endoscope, the at least one optical marking within the beam path configured to allow verification of an identity of the one or more optical elements, recording an image of the at least one optical marking by the camera, analyzing the recorded image and identifying one or more of: the at least one optical marking and the at least one optical element of the endoscope, repeating the focusing, recording, analyzing and identifying of a further optical marking of a further optical element and/or outputting a result of the identification or identifications.
26. The method according to claim 25, wherein when focusing the camera on an object to be examined, the optical marking is not visible.
13. The method according to claim 12, wherein when focusing the camera on an object to be examined, the optical marking or optical markings is or are not visible.
27. The method according to claim 25, wherein the focusing of the camera is carried out automatically upon connection with the endoscope or upon activation of the endoscope.
14. The method according to claim 12, wherein the focusing of the camera is carried out automatically upon connection with the endoscope or upon activation of the endoscope.
Claims 29-30, 32-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-17, 19-22 of U.S. Patent No. US 11,954,906 B2 in view of Scholer et al. (DE102016214990A1) (machine translation attached). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is obvious over the conflicting patent claim. The difference between the instant and conflicting patent claim is the addition of limitation “wherein the cover glass :is arranged within a beam path of the endoscope, seals a proximal end or a distal end of the endoscope”. However Scholer discloses “wherein the cover glass :is arranged within a beam path of the endoscope, seals a proximal end or a distal end of the endoscope” in Para[0017] –[0019] teaches is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings, the markings are preferably located in an edge region or edge region volume of the respective optical component. The rim volume is, for example, a ring which adjoins the outer jacket of a lens and extends along its circumference. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize above limitation, in the method of the conflicting patent claim, to identify the desired optical elements are output to provide optimum imaging quality is achieved for the optical system, as taught by Scholer (Para[0082]).
Instant application: 18/442,873
Patent No.: US 11,954,906 B2
29. An endoscopic system comprising: a camera, and an endoscope, the endoscope having one or more optical elements and a cover glass, the camera being attached to the endoscope by a camera head, wherein at least one optical element of the one or more optical elements is a lens within the endoscope, the cover glass comprising an optical marking configured to allow verification of an identity of the endoscope, wherein the optical marking is detectable by the camera to verify one or more of: the identity, and a configuration of the endoscopic, wherein the cover glass :is arranged within a beam path of the endoscope, seals a proximal end or a distal end of the endoscope, and includes the optical marking within the beam path of the endoscope.
15. An endoscopic device comprising: a camera, and an endoscope, the endoscope having one or more optical elements, the camera being attached to the endoscope by a camera head, wherein at least one optical element of the one or more optical elements is a lens within the endoscope,
and comprises an optical marking configured to allow verification of an identity of: one or more of the optical element, and of the endoscope, wherein the optical marking is detectable by the camera to verify one or more of: an identity, and a configuration of the endoscopic device, wherein the at least one optical element: is arranged within a beam path of the endoscope, and each optical marking is within the beam path.
17. The endoscopic device according to claim 16, wherein another optical element of the one or more optical elements is a cover glass that comprises an optical marking.
30. The endoscopic system according to claim 29, wherein one or more of the one or more optical elements each include respective optical markings that are also within the beam path.
16. The endoscopic device according to claim 15, wherein two or more optical elements each comprise a respective optical marking, the respective optical markings being within the beam path.
32. The endoscopic system according to claim 29, wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length to detect the optical marking.
19. The endoscopic device according to claim 15, wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length to detect the optical marking or the optical markings in a region from a proximal end to a distal end of the endoscope.
33. The endoscopic system according to claim 32, wherein the zoom lens can be adjusted, using the adjustment mechanism, such that, in an object zoom position for viewing an object to be examined, an image from the camera in the object zoom position is free of the optical marking.
20. The endoscopic device according to claim 19, wherein the zoom lens can be adjusted, using the adjustment mechanism, such that, in an object zoom position for viewing an object to be examined, an image of the camera in the object zoom position is free of the optical marking or the optical markings.
34. The endoscopic device according to claim 29, wherein the optical marking is one or more of: a line marking, a color marking, a QR code, a serial number, and plain text.
21. The endoscopic device according to claim 15, wherein the optical marking and/or the optical markings is or are one or more of: a line marking, a color marking, a QR code, a serial number, and plain text.
35. The endoscopic system according to claim 29, wherein the optical marking is one or more of: etched, engraved, lasered, printed, and written in and/or written on the cover glass.
22. The endoscopic device according to claim 15, wherein the optical marking is one or more of: etched, engraved, lasered, printed, and written in and/or written on the optical element or the optical elements.
Claim 36 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 23 of U.S. Patent No. US 11,954,906 B2 in view of Scholer et al. (DE102016214990A1) (machine translation attached). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is obvious over the conflicting patent claim. The difference between the instant and conflicting patent claim is the addition of limitation “the cover glass including an optical marking configured to allow verification of one or more of: an identity of one or more of the cover glass, wherein: the cover glass is arranged within a beam path the cover glass seals a proximal end or a distal end of the endoscope”. (See the table below). However Scholer discloses “ the cover glass including an optical marking configured to allow verification of one or more of: an identity of one or more of the cover glass, wherein: the cover glass is arranged within a beam path the cover glass seals a proximal end or a distal end of the endoscope” in Para[0017] –[0019] teaches is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings, the markings are preferably located in an edge region or edge region volume of the respective optical component. The rim volume is, for example, a ring which adjoins the outer jacket of a lens and extends along its circumference They assume a volume within the optical component which lies outside a further volume occupied by the beam path,. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize above limitation, in the method of the conflicting patent claim, to identify the desired optical elements are output to provide optimum imaging quality is achieved for the optical system, as taught by Scholer (Para[0082]).
Instant application: 18/442,873
Patent No. US 11,954,906 B2.
36. An endoscopic system comprising: a light source, a camera, an endoscope having one or more optical elements and a cover glass, the camera being attached to the endoscope by a camera head, wherein at least one optical element of the one or more optical elements is a lens inside the endoscope, the cover glass including an optical marking configured to allow verification of one or more of: an identity of one or more of the cover glass, and of the endoscope,
such that each optical marking can be detected by the camera, and instructions stored on a non-transitory computer-readable information storage media, the instructions, when executed by one or more processors, verify one or more of: an identity, and a configuration of the endoscopic device, wherein: the cover glass is arranged within a beam path, the cover glass seals a proximal end or a distal end of the endoscope, and the optical marking is within the beam path.
23. An endoscopic device comprising: a light source, an optical fiber, a camera, an endoscope having one or more optical elements, the camera being attached to the endoscope by a camera head, wherein at least one optical element of the one or more optical elements is a lens inside the endoscope, the at least one optical element includes an optical marking configured to allow verification of one or more of: an identity of one or more of the at least one optical element, and of the endoscope, such that each optical marking can be detected by the camera, and instructions stored on a non-transitory computer-readable information storage media, the instructions, when executed by one or more processors, verify one or more of: an identity, and a configuration of the endoscopic device, wherein: the at least one optical element is arranged within a beam path, and each optical marking is within the beam path.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 15-17, 20-22, 24-25, 28-31, 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over Scholer et al. (DE102016214990A1) (machine translation attached) in view of Rice et al. (US 6,537,207 B1) (IDS provided 02/15/2024).
Regarding claim 15, Scholer discloses an endoscopic system comprising (Para[0009] teaches the optical system is in particular an optical system of a surgical instrument, furthermore in particular an endoscope & Para[0055] teaches an optical system 2, which is, by way of example, an eyepiece 24 of an endoscope. The present description refers merely by way of example to the optical system 2 of an endoscope. Para [0057] FIG. 2 shows a further simplified and schematic longitudinal sectional view of a further optical system 2, for example an objective 18 of an endoscope, Para[00058] FIG. 3 shows a simplified and schematic longitudinal section in a sectional representation of a further optical system 2, namely by way of example a relay optical unit 20 of an endoscope. Para [0059] FIG. 4 shows a simplified schematic illustration of a surgical instrument 14, for example an endoscope): a camera (Para[0069] teaches the positions of the markings 30 a... 30 f, for example, is detected with a camera) and an endoscope, the endoscope including: at least one optical element (Para[0057] & Fig. 2 teaches the entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2, para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g)), and a cover glass, the cover glass being within a beam path and fixed to (Para[0017] –[0019] teaches it is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings. They assume a volume within the optical component which lies outside a further volume occupied by the beam path. Optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component para[0044] teaches , the method is developed in that the at least one marking is produced in the material of the optical component in a volume which does not overlap with a further volume occupied by the beam path. Such a marking is in particular an inner glass marking. Para[0062] teaches markings 30 present in the material are often also referred to as glass interior markings, para[0066] & Fig. 5), arranged at and sealing either a proximal end or a distal end of the endoscope (para[0018] teaches the markings are preferably located in an edge region or edge region volume of the respective optical component. The rim volume is, for example, a ring which adjoins the outer jacket of a lens and extends along its circumference), the cover glass comprising at least one optical marking (Para[0017] teaches markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings. They assume a volume within the optical component which lies outside a further volume occupied by the beam path, Para[0062] teaches these may be markings 30 which are present in the material of the optical component 4 and markings 30 which are present on the surface, for example on the lateral surface of a lens, of the optical component. Markings 30 present in the material are often also referred to as glass interior markings,
the optical marking also being within a beam path and readable by the camera (Para[0072] & Fig. 6 teaches optical system 2, which comprises the first lens 32 and second lens 34 as shown in FIG. 5. The markings 30a... 30 c denote the position of a first principal plane 42 of the first lens 32. in other words, the markings 30 a... 30c in a plane of the first principal plane 42. In FIG. 30 c, the position of the main plane 42 in space is unambiguously determined. The first principal plane 42 is perpendicular to the first optical axis 36 of the first lens 32. 30c are not necessarily located in the sectional plane shown in Fig. 6. More specifically, the asterisks shown are not the markers 30a... 30c itself, but around their projections into the sectional plane shown in FIG. 6.Para[0069] teaches It is now possible to construct an optical system 2, which is to be constructed, for example, from the first lens 32 and the second lens 34, merely on the basis of the position of the markings 30 a... 30f. For this purpose, the positions of the markings 30 a... 30 f, for example, is detected with a camera and the respective position of the optical axis 36, 38 is calculated) and configured to allow verification of one or more of: an identity of the cover glass, an identity of the endoscope, and a configuration of the endoscope (Para[0019] teaches optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component, para[0077] teaches for example, the mark is printed or etched into the surface. It is also possible for the marking 45 designed as an identification feature to be an inner glass marking, as is indicated at the lower edge of the second lens 34 in FIG. 6. Para[0086] teaches in order to select the appropriate optical elements 2 for the mounting of the optical system 2, those individual identification features, for example serial numbers or the like, which identify the desired optical elements 4 are output, for example, on a screen or a display device of the database device 56. It is also possible for the database device 56 to comprise a scanner or the like, with which, for example, a code present in or on the lens 32, 34 is scanned. By linking this identification feature to the individual optical properties of the optical element stored on a database of the database device 56, an output can be made which specifies the appropriate optical components 4 for an optical system 2 with optimum imaging quality, para[0091]).
Scholer does not explicitly disclose a light source and a camera head; wherein the camera is configured to be attached to the endoscope by the camera head. However Rice discloses a light source (col 8 lines 47-55 teaches ambient light, or light from a specifically designed source, such as light from a light source mounted in the probe 12), and a camera head (col 5 lines 60-65 teaches to a video camera system 20 located at the proximal end of the probe 12); wherein the camera is configured to be attached to the endoscope by the camera head (Col 7 lines 1-9 & Fig. 1 teaches an attachment structure or mechanism 36 may be provided on the base unit 24 for attaching the protective cover 34 over the probe 12 to the base unit 24. The exact nature and design of the attachment mechanism 36 will depend on the design of the imaging device 10 and probe 12 employed on the imaging device 10). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties of Scholer with method in which the visual indicia provide information on nature of protective cover and may be used as alignment mark for the cover of Rice in order to provide a system detecting improper cover. The cover is disposable, thereby minimizing potential spread of infection.
Regarding claim 16, Rice discloses the endoscopic system according to claim 15, wherein the cover glass seals an end of a tubular shaft of the endoscope (col 7 lines 10-15 teaches protective cover 34 may be manufactured include glass and plastic). Motivation to combine as indicated in claim 15.
Regarding claim 17, Scholer discloses the endoscopic system according to claim 15, wherein the at least one optical element is a portion of an eyepiece, a rod lens or an objective lens (Para[0055] & FIG. 1 teaches an optical system 2, which is, by way of example, an eyepiece 24 of an endoscope. Para [0057] & Fig. 2 The entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2. Para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g. Para [0059] & Fig. 4 teaches an objective 18. An eyepiece 24 is located in the handle 22).
Regarding claim 20, Scholer discloses the endoscopic system according to claim 15, wherein the at least one optical marking is one or more of: a line marking, a color marking, a QR code, a serial number, and plain text (para[0019] teaches for this purpose, an "identifier" is applied or applied to or in the glass of the component. This can be, for example, a number, a barcode, a 2D code (QR code) or the like).
Regarding claim 21, Scholer discloses the endoscopic system according to claim 15, wherein the at least one optical marking is one or more of: etched, engraved, lasered, printed, and written in and/or written on the cover glass (Para[0063] teaches the marking 30 is in particular a laser marking. If the marking 30 is located on the surface of the optical component 4, it is likewise possible for it to be an etched, scored or printed marking 30. Para[0077] teaches the mark is printed or etched into the surface [0089] teaches This can likewise be done by means of laser processing. It is also possible to provide, for example, a printed or etched marking feature.
Regarding claim 22, Scholer discloses the endoscopic system according to claim 15, wherein the optical marking is arranged in one or more of: a center, an outer edge, and transversely over a surface of the cover glass (Para[0013] teaches for example, the markings lie on a circular arc, the center of which is the point of penetration of the optical axis through the main plane of the lens. Para[0018] teaches the markings are preferably located in an edge region or edge region volume of the respective optical component. Para[0066] & Fig. 5 teaches the markings 30a... 30 c of the first lens 32 lie on a common first circular arc 33, in the center of which the first optical axis 36 is located. Para[0077] teaches it is also possible for the marking 45 designed as an identification feature to be an inner glass marking, as is indicated at the lower edge of the second lens 34 in FIG. 6. Para[0090] teaches it is likewise provided that the marking 45 is an identification feature which comprises information relating to the position of the optical axis 36, 38 or of the main plane 42, 44, for example in relation to a lateral surface or an edge of the optical component 4).
Regarding claim 24, Rice discloses the endoscopic system according to claim 15, wherein the endoscope is configured to be connected to an image and/or data processing system, the image and/or data processing system configured to evaluate and process a recorded image and/or identify the relevant optical marking of the optical element and/or the optical elements, or the endoscopic device comprises the image and/or data processing system (Col 6 lines 20-48 teaches the digitized video signal may be operated upon by programs running within the imaging/analysis system 30 to enhance the video image before it is displayed on the video display 32. Programs running in the imaging/analysis system 30 may also be used to manipulate and analyze other information contained in the digitized video image. Such computerized analysis of the digitized video image signal may be used, for example, to automatically locate physical structures of interest within the video image or provide a numerical analysis of information contained within the video image. The results of this computerized analysis of the digitized video image may be displayed on the display 32, either in conjunction with or separate from the video image itself). Motivation to combine as indicated in claim 15.
Regarding claim 25, Scholer discloses a method to verify an identity of a component (Para[0019] teaches optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component, para[0077] teaches for example, the mark is printed or etched into the surface. It is also possible for the marking 45 designed as an identification feature to be an inner glass marking, as is indicated at the lower edge of the second lens 34 in FIG. 6. Para[0086] teaches in order to select the appropriate optical elements 2 for the mounting of the optical system 2, those individual identification features, for example serial numbers or the like, which identify the desired optical elements 4 are output) of an endoscopic system Para[0009] teaches the optical system is in particular an optical system of a surgical instrument, furthermore in particular an endoscope & Para[0055] teaches an optical system 2, which is, by way of example, an eyepiece 24 of an endoscope. The present description refers merely by way of example to the optical system 2 of an endoscope. Para[0057] FIG. 2 shows a further simplified and schematic longitudinal sectional view of a further optical system 2, for example an objective 18 of an endoscope, Para[00058] FIG. 3 shows a simplified and schematic longitudinal section in a sectional representation of a further optical system 2, namely by way of example a relay optical unit 20 of an endoscope. Para [0059] FIG. 4 shows a simplified schematic illustration of a surgical instrument 14, for example an endoscope), wherein the endoscopic system comprises, a camera (Para[0069] teaches the positions of the markings 30 a... 30 f, for example, is detected with a camera) and an endoscope comprising one or more optical elements (Para[0057] & Fig. 2 teaches the entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2, para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g)) and a cover glass (Para[0017] –[0019] teaches it is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings), wherein the cover glass is arranged within a beam path of the endoscope (Para[0017-[0019] teaches assume a volume within the optical component which lies outside a further volume occupied by the beam path. Optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component. para[0044] teaches the method is developed in that the at least one marking is produced in the material of the optical component in a volume which does not overlap with a further volume occupied by the beam path. Such a marking is in particular an inner glass marking. Para[0062] teaches markings 30 present in the material are often also referred to as glass interior markings, para[0066] & Fig. 5), the at least one optical marking arranged within a beam path of the endoscope, readable by the camera (Para[0072] & Fig. 6 teaches optical system 2, which comprises the first lens 32 and second lens 34 in FIG. 5. The markings 30a... 30 c denote the position of a first principal plane 42 of the first lens 32. in other words, the markings 30 a... 30c in a plane of the first principal plane 42. In FIG. 30 c, the position of the main plane 42 in space is unambiguously determined. The first principal plane 42 is perpendicular to the first optical axis 36 of the first lens 32. 30c are not necessarily located in the sectional plane shown in Fig. 6. More specifically, the asterisks shown are not the markers 30a... 30c itself, but around their projections into the sectional plane shown in FIG. 6.Para[0069] teaches It is now possible to construct an optical system 2, which is to be constructed, for example, from the first lens 32 and the second lens 34, merely on the basis of the position of the markings 30 a... 30f. For this purpose, the positions of the markings 30 a... 30 f, for example, is detected with a camera and the respective position of the optical axis 36, 38 is calculated) and configured to allow verification of an identity of at least the endoscope, and identifying one or more of: the at least one optical marking and the endoscope, and outputting a result of the identification or identifications (Para[0019] teaches optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component, para[0077] teaches for example, the mark is printed or etched into the surface. It is also possible for the marking 45 designed as an identification feature to be an inner glass marking, as is indicated at the lower edge of the second lens 34 in FIG. 6. Para[0086] teaches in order to select the appropriate optical elements 2 for the mounting of the optical system 2, those individual identification features, for example serial numbers or the like, which identify the desired optical elements 4 are output).
Scholer does not explicitly disclose the method comprising: configuring the endoscopic device by one or more of: arranging and connecting the light source, the camera, via a camera head, and the endoscope, focusing the camera on at least one optical marking of the cover glass; recording an image of the at least one optical marking by the camera, analyzing the recorded image and identifying one or more of: the at least one optical marking and the endoscope, and outputting a result of the identification or identifications. However Rice discloses the method comprising: configuring the endoscopic device by one or more of: arranging and connecting the light source, the camera, via a camera head, and the endoscope, focusing the camera on at least one optical marking of the cover glass (figs. 1-2 & Col 7 lines 50-65 teaches the visual elements or indicia formed on the head 37 of the cover 34 are formed on a portion 40 thereof which is positioned in the field of view of the optical system 14 of a medical imaging device 10 & Col 11-lines 10-65 & Figs. 4-5 teaches of features screened for identification significance with reference to flow chart); recording an image of the at least one optical marking by the camera, analyzing the recorded image and identifying one or more of: the at least one optical marking and the endoscope, and outputting a result of the identification or identifications (Col 8 lines 15-40 teaches thus, the visual elements or indicia formed on the head 37 of the protective cover 34 will appear in the video image produced by the optical and camera systems of the imaging device. Col 1, lines 26-443 teaches Information contained in the visual elements or indicia recognized in the digitized video image also may be employed by the imaging/analysis system 30 for calibration of the imaging device 10 or other purposes. For example, information contained in the recognized visual indicia concerning the optical characteristics of the protective cover 34 may be used by the imaging/analysis system 30 for setting the focal distance of the imaging device 10, calibrating size or distance measures, or zeroing contrast and brightness settings). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties of Scholer with method in which the visual indicia provide information on nature of protective cover and may be used as alignment mark for the cover of Rice in order to provide a system detecting improper cover. The cover is disposable, thereby minimizing potential spread of infection.
Regarding claim 28, Scholer discloses the method according to claim 25, further comprising identifying an additional optical marking on the one or more optical elements (para[0069] teaches the positions of the markings 30 a... 30 f, for example, is detected with a camera and the respective position of the optical axis 36, 38 is calculated. [0089] teaches In a region which lies outside the beam path 26, each of the optical components 4 of the optical system 2 is provided with at least one marking 30, 30 a... 30f, 45. This at least one marking 30, 30 a... 30 f, 45 comprises information regarding a spatial arrangement of the optical component 4 in the optical system 2).
Regarding claim 29, Scholer discloses an endoscopic system comprising (Para[0009] teaches the optical system is in particular an optical system of a surgical instrument, furthermore in particular an endoscope & Para[0055] teaches an optical system 2, which is, by way of example, an eyepiece 24 of an endoscope. The present description refers merely by way of example to the optical system 2 of an endoscope. Para [0057] FIG. 2 shows a further simplified and schematic longitudinal sectional view of a further optical system 2, for example an objective 18 of an endoscope, Para[00058] FIG. 3 shows a simplified and schematic longitudinal section in a sectional representation of a further optical system 2, namely by way of example a relay optical unit 20 of an endoscope. Para [0059] FIG. 4 shows a simplified schematic illustration of a surgical instrument 14, for example an endoscope): a camera (Para[0069] teaches the positions of the markings 30 a... 30 f, for example, is detected with a camera), and an endoscope, the endoscope having one or more optical elements (Para[0057] & Fig. 2 teaches The entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2, para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g)), and a cover glass (Para[0017]–[0019] teaches it is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings. They assume a volume within the optical component which lies outside a further volume occupied by the beam path. Optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component), wherein at least one optical element of the one or more optical elements is a lens within the endoscope (Para[0057] & Fig. 2 teaches The entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2, para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g)), the cover glass comprising an optical marking configured to allow verification of an identity of the endoscope (Para[0019] teaches optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component, para[0077] teaches for example, the mark is printed or etched into the surface. It is also possible for the marking 45 designed as an identification feature to be an inner glass marking, as is indicated at the lower edge of the second lens 34 in FIG. 6. Para[0086] teaches in order to select the appropriate optical elements 2 for the mounting of the optical system 2, those individual identification features, for example serial numbers or the like, which identify the desired optical elements 4 are output, for example, on a screen or a display device of the database device 56. It is also possible for the database device 56 to comprise a scanner or the like, with which, for example, a code present in or on the lens 32, 34 is scanned. By linking this identification feature to the individual optical properties of the optical element stored on a database of the database device 56, an output can be made which specifies the appropriate optical components 4 for an optical system 2 with optimum imaging quality, para[0091]).
, wherein the cover glass: is arranged within a beam path of the endoscope (Para[0017] teaches markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings. They assume a volume within the optical component which lies outside a further volume occupied by the beam path, Para[0062] teaches These may be markings 30 which are present in the material of the optical component 4 and markings 30 which are present on the surface, for example on the lateral surface of a lens, of the optical component. Markings 30 present in the material are often also referred to as glass interior markings), seals a proximal end or a distal end of the endoscope, and includes the optical marking within the beam path of the endoscope ((Para[0072] & Fig. 6 teaches optical system 2, which comprises the first lens 32 and second lens 34 shown previously in plan view in FIG. 5. The markings 30a... 30 c denote the position of a first principal plane 42 of the first lens 32. in other words, the markings 30 a... 30c in a plane of the first principal plane 42. In the embodiment of FIG. 30 c, the position of the main plane 42 in space is unambiguously determined. The first principal plane 42 is perpendicular to the first optical axis 36 of the first lens 32. 30c are not necessarily located in the sectional plane shown in Fig. 6. More specifically, the asterisks shown are not the markers 30a... 30c itself, but around their projections into the sectional plane shown in FIG. 6).
Scholer does not explicitly disclose, the camera being attached to the endoscope by a camera head, wherein the optical marking is detectable by the camera to verify one or more of: the identity, and a configuration of the endoscopic. However Rice discloses the camera being attached to the endoscope by a camera head (Col 7 lines 1-9 & Fig. 1 teaches an attachment structure or mechanism 36 may be provided on the base unit 24 for attaching the protective cover 34 over the probe 12 to the base unit 24. The exact nature and design of the attachment mechanism 36 will depend on the design of the imaging device 10 and probe 12 employed on the imaging device 10, wherein the optical marking is detectable by the camera to verify one or more of: the identity, and a configuration of the endoscopic (figs. 1-2 & Col 7 lines 50--65 teaches the visual elements or indicia formed on the head 37 of the cover 34 are formed on a portion 40 thereof which is positioned in the field of view of the optical system 14 of a medical imaging device 10 & Col 11-lines 10-65 & Figs. 4-5 teaches of features screened for identification significance with reference to flow chart). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties of Scholer with method in which the visual indicia provide information on nature of protective cover and may be used as alignment mark for the cover of Rice in order to provide a system detecting improper cover. The cover is disposable, thereby minimizing potential spread of infection
Regarding claim 30, Scholer discloses the endoscopic system according to claim 29, wherein one or more of the one or more optical elements each include respective optical markings that are also within the beam path (para[0062] teaches the optical components 4 each have at least one marking 30 in a region which lies outside the beam path 26. For reasons of clarity, the markings 30 are shown on only some of the optical elements 4. These may be markings 30 which are present in the material of the optical component 4 and markings 30 which are present on the surface, for example on the lateral surface of a lens, of the optical component. Para[0089] teaches in a region which lies outside the beam path 26, each of the optical components 4 of the optical system 2 is provided with at least one marking 30, 30 a... 30f, 45. This at least one marking 30, 30 a... 30 f, 45 comprises information regarding a spatial arrangement of the optical component 4 in the optical system 2).
Regarding claim 31, Scholer discloses the endoscopic system according to claim 29, wherein the optical marking includes a serial number or a QR code (para[0019] teaches for this purpose, an "identifier" is applied or applied to or in the glass of the component. This can be, for example, a number, a barcode, a 2D code (QR code) or the like).
Regarding claim 34, Scholer discloses the endoscopic device according to claim 29, wherein the optical marking is one or more of: a line marking, a color marking, a QR code, a serial number, and plain text (para[0019] teaches for this purpose, an "identifier" is applied or applied to or in the glass of the component. This can be, for example, a number, a barcode, a 2D code (QR code) or the like)..
Regarding claim 35, Scholer discloses the endoscopic system according to claim 29, wherein the optical marking is one or more of: etched, engraved, lasered, printed, and written in and/or written on the cover glass (Para[0063] teaches the marking 30 is in particular a laser marking. If the marking 30 is located on the surface of the optical component 4, it is likewise possible for it to be an etched, scored or printed marking 30. Para[0077] teaches the mark is printed or etched into the surface [0089] teaches This can likewise be done by means of laser processing. It is also possible to provide, for example, a printed or etched marking feature).
Regarding claim 36, Scholer discloses an endoscopic system comprising (Para[0009] teaches the optical system is in particular an optical system of a surgical instrument, furthermore in particular an endoscope & Para[0055] teaches an optical system 2, which is, by way of example, an eyepiece 24 of an endoscope. The present description refers merely by way of example to the optical system 2 of an endoscope. Para [0057] FIG. 2 shows a further simplified and schematic longitudinal sectional view of a further optical system 2, for example an objective 18 of an endoscope, Para[00058] FIG. 3 shows a simplified and schematic longitudinal section in a sectional representation of a further optical system 2, namely by way of example a relay optical unit 20 of an endoscope. Para [0059] FIG. 4 shows a simplified schematic illustration of a surgical instrument 14, for example an endoscope): a camera (Para[0069] teaches the positions of the markings 30 a... 30 f, for example, is detected with a camera ); an endoscope having one or more optical elements (Para[0057] & Fig. 2 teaches The entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2, para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g)), and a cover glass (Para[0017] –[0019] teaches it is provided in particular that the markings are markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings. They assume a volume within the optical component which lies outside a further volume occupied by the beam path. Optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component. para[0044] teaches the method is developed in that the at least one marking is produced in the material of the optical component in a volume which does not overlap with a further volume occupied by the beam path. Such a marking is in particular an inner glass marking. Para[0062] teaches markings 30 present in the material are often also referred to as glass interior markings, para[0066] & Fig. 5), wherein at least one optical element of the one or more optical elements is a lens inside the endoscope (Para[0057] & Fig. 2 teaches the entrance lens 6b, as well as the subsequent rod lens 6c, the second lens pair 6d and the third lens pair 6e, are optical components 4 of the optical system 2, para[0058] & Fig. 3 teaches comprises a pair of double lenses 6 fand a further rod lens 6 g)) , the cover glass including an optical marking configured to allow verification of one or more of: an identity of one or more of the cover glass, and of the endoscope (Para[0019] teaches optical components of the optical system are individualized by the markings. For this purpose, an "identifier" is applied or applied to or in the glass of the component, para[0077] teaches for example, the mark is printed or etched into the surface. It is also possible for the marking 45 designed as an identification feature to be an inner glass marking, as is indicated at the lower edge of the second lens 34 in FIG. 6. Para[0086] teaches in order to select the appropriate optical elements 2 for the mounting of the optical system 2, those individual identification features,), verify one or more of: an identity, and a configuration of the endoscopic device, wherein: the cover glass is arranged within a beam path Para[0017] teaches markings which are present in the material of the optical component. Such markings are also referred to as glass interior markings. They assume a volume within the optical component which lies outside a further volume occupied by the beam path, Para[0062] teaches these may be markings 30 which are present in the material of the optical component 4 and markings 30 which are present on the surface, for example on the lateral surface of a lens, of the optical component. Markings 30 present in the material are often also referred to as glass interior markings), the cover glass seals a proximal end or a distal end of the endoscope, and the optical marking is within the beam path (para[0018] teaches the markings are preferably located in an edge region or edge region volume of the respective optical component. The rim volume is, for example, a ring which adjoins the outer jacket of a lens and extends along its circumference).
Scholer does not explicitly disclose a light source, the camera being attached to the endoscope by a camera head; such that each optical marking can be detected by the camera, and instructions stored on a non-transitory computer-readable information storage media, the instructions, when executed by one or more processors, verify one or more of: an identity, and a configuration of the endoscopic device. However Rice discloses a light source (col lines teaches ambient light, or light from a specifically designed source, such as light from a light source mounted in the probe 12), a camera, the camera being attached to the endoscope by a camera head Col 7 lines 1-9 & Fig. 1 teaches an attachment structure or mechanism 36 may be provided on the base unit 24 for attaching the protective cover 34 over the probe 12 to the base unit 24. The exact nature and design of the attachment mechanism 36 will depend on the design of the imaging device 10 and probe 12 employed on the imaging device 10); ; such that each optical marking can be detected by the camera, and instructions stored on a non-transitory computer-readable information storage media, the instructions, when executed by one or more processors (col 2 lines 1-5 teaches computer based imaging and/or analysis system, col 4 lines 12-15 the digitized video image is processed by pattern recognition algorithms in programs running on the imaging/analysis system computer to detect and identify indicia appearing in the video image. Col 9 lines 1-7 teaches this analysis is performed using algorithms implemented as computer programs running in the imaging/analysis system 30), verify one or more of: an identity, and a configuration of the endoscopic device (Col 8 lines 15-40 teaches thus, the visual elements or indicia formed on the head 37 of the protective cover 34 will appear in the video image produced by the optical and camera systems of the imaging device. Col 1, lines 26-443 lines teaches Information contained in the visual elements or indicia recognized in the digitized video image also may be employed by the imaging/analysis system 30 for calibration of the imaging device 10 or other purposes). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties of Scholer with method in which the visual indicia provide information on nature of protective cover and may be used as alignment mark for the cover of Rice in order to provide a system detecting improper cover. The cover is disposable, thereby minimizing potential spread of infection
Regarding claim 37, Scholer discloses the endoscopic system according to claim 36, wherein one or more of the one or more optical elements also comprises a respective optical marking (para[0062] teaches the optical components 4 each have at least one marking 30 in a region which lies outside the beam path 26. For reasons of clarity, the markings 30 are shown on only some of the optical elements 4. These may be markings 30 which are present in the material of the optical component 4 and markings 30 which are present on the surface, for example on the lateral surface of a lens, of the optical component. Para[0089] In a region which lies outside the beam path 26, each of the optical components 4 of the optical system 2 is provided with at least one marking 30, 30 a... 30f, 45. This at least one marking 30, 30 a... 30 f, 45 comprises information regarding a spatial arrangement of the optical component 4 in the optical system 2).
13. Claims 18-19, 26, 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Scholer et al. (DE102016214990A1) (machine translation attached) in view of Rice et al. (US 6,537,207 B1) (IDS provided 02/15/2024) and Gattani et al. (US 7,794,396 B2).
Regarding claim 18, Scholer in view of Rice discloses the endoscopic system according to claim 15, Scholer in view of Rice does not explicitly disclose wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length and configured to detect the at least one optical marking. However Gattani discloses wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length and configured to detect the at least one optical marking (col 2 lines 47-52 zoom control unit 22 will automatically adjust the "zoom" of the camera by adjusting the actual and/or effective focal length of the endoscope 16, col 7 lines 36-40 & Fig. 8 teaches the proximal end of the needle 400, to which is attached the suture thread 402, contains a first region 404 that is marked with a first distinctive pattern and/or color(s). Similarly, the distal end of the needle 400 contains a second region 408 that is marked with a second distinctive pattern and/or color(s). Each of the first and second regions, 404 and 408 respectively, can be detected by the auto-zoom system 10 by means of image analysis algorithms. Consequently, auto-zoom system 10 can distinguish the proximal end of the needle 400 from the distal end of the needle 400, and as a result, can perform different magnification or zoom functions depending on the state of the needle). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties with visual indicia to provide information on nature of protective cover of Scholer in view of Rice with the method of automatically adjust the actual or effective focal range of the surgical camera, and thus change the magnification or zoom level of the camera, based on the type of surgical instrument or anatomical feature detected of Gattani in order to provide a system that can automatically adjust the actual or effective focal range of the surgical camera, and thus change the magnification or zoom level of the camera, based on the type of surgical instrument or anatomical feature detected.
Regarding claim 19, Gattani discloses the endoscopic system according to claim 18, wherein the zoom lens can be adjusted, using the adjustment mechanism, such that, in an object zoom position for viewing an object to be examined, an image from the camera in the object zoom position is free of the at least one optical marking (col 8 lines 3- 8 lines 10-20 & Fig. 1, 4A-4B, 9A-9C teaches the system 10 can be configured to automatically adjust the endoscope to operate at a 2*times zoom level when the needle 400 is approaching the tissue and automatically switch to a 4* zoom level when the needle begins to penetrate the tissue 500. FIG. 9C, needle 400 has now completely penetrated the tissue 500, optical marking 408 is not visible). Motivation to combine as indicated in claim 18.
Regarding claim 26, Scholer in view of Rice discloses the method according to claim 25, Scholer in view of Rice does not explicitly disclose wherein when focusing the camera on an object to be examined, the optical marking is not visible. However Gattani discloses wherein when focusing the camera on an object to be examined, the optical marking is not visible (col 8 lines 3- 8 lines 10-20 & Fig. 1, 4A-4B, 9A-9C teaches the system 10 can be configured to automatically adjust the endoscope to operate at a 2*times zoom level when the needle 400 is approaching the tissue and automatically switch to a 4* zoom level when the needle begins to penetrate the tissue 500. FIG. 9C, needle 400 has now completely penetrated the tissue 500, optical marking 408 is not visible). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties with visual indicia to provide information on nature of protective cover of Scholer in view of Rice with the method of automatically adjust the actual or effective focal range of the surgical camera, and thus change the magnification or zoom level of the camera, based on the type of surgical instrument or anatomical feature detected of Gattani in order to provide a system that can automatically adjust the actual or effective focal range of the surgical camera, and thus change the magnification or zoom level of the camera, based on the type of surgical instrument or anatomical feature detected.
Regarding claim 32, Scholer in view of Rice discloses the endoscopic system according to claim 29, Scholer in view of Rice does not explicitly disclose wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length to detect the optical marking. However Gattani discloses wherein the camera comprises a zoom lens having an adjustment mechanism configured to change a focal length to detect the optical marking (col 2 lines 47-52 zoom control unit 22 will automatically adjust the "zoom" of the camera by adjusting the actual and/or effective focal length of the endoscope 16, col 7 lines 36-40 & Fig. 8 teaches the proximal end of the needle 400, to which is attached the suture thread 402, contains a first region 404 that is marked with a first distinctive pattern and/or color(s). Similarly, the distal end of the needle 400 contains a second region 408 that is marked with a second distinctive pattern and/or color(s). Each of the first and second regions, 404 and 408 respectively, can be detected by the auto-zoom system 10 by means of image analysis algorithms. Consequently, auto-zoom system 10 can distinguish the proximal end of the needle 400 from the distal end of the needle 400, and as a result, can perform different magnification or zoom functions depending on the state of the needle). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties with visual indicia to provide information on nature of protective cover of Scholer in view of Rice with the method of automatically adjust the actual or effective focal range of the surgical camera, and thus change the magnification or zoom level of the camera, based on the type of surgical instrument or anatomical feature detected of Gattani in order to provide a system that can automatically adjust the actual or effective focal range of the surgical camera, and thus change the magnification or zoom level of the camera, based on the type of surgical instrument or anatomical feature detected.
Regarding claim 33, Gattani further discloses the endoscopic system according to claim 32, wherein the zoom lens can be adjusted, using the adjustment mechanism, such that, in an object zoom position for viewing an object to be examined, an image from the camera in the object zoom position is free of the optical marking (col 8 lines 3- 8 lines 10-20 & Fig. 1, 4A-4B, 9A-9C teaches the system 10 can be configured to automatically adjust the endoscope to operate at a 2*times zoom level when the needle 400 is approaching the tissue and automatically switch to a 4* zoom level when the needle begins to penetrate the tissue 500. FIG. 9C, needle 400 has now completely penetrated the tissue 500, optical marking 408 is not visible). Motivation to combine as indicated in claim 32.
14. Claims 23 is rejected under 35 U.S.C. 103 as being unpatentable over Scholer et al. (DE102016214990A1) (machine translation attached) in view of Rice et al. (US 6,537,207 B1) (IDS provided 02/15/2024) and Steiner et al. (US 2020/0337525 A1).
Regarding claim 23, Scholer in view of Rice discloses the endoscopic system according to claim 15, Scholer in view of Rice does not explicitly disclose wherein the optical marking comprises one or more of: a dye, a UV dye, and a fluorescence dye. However, Steiner discloses wherein the optical marking comprises one or more of: a dye, a UV dye, and a fluorescence dye. (Figs. 2A-2D & Para[0015] teaches fluorescent indicator 102). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties with visual indicia to provide information on nature of protective cover of Scholer in view of Rice with the method of endoscopic imaging for imaging fluorescent agent of Steiner in order to provide a system in which risk of incorrect system configuration is minimized and reliability of endoscopes is more accurately tracked.
15. Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Scholer et al. (DE102016214990A1) (machine translation attached) in view of Rice et al. (US 6,537,207 B1) (IDS provided 02/15/2024) and Craen et al. (US 2010/0040355 A1).
Regarding claim 27, Scholer in view of Rice discloses the method according to claim 25, Scholer in view of Rice does not explicitly disclose wherein the focusing of the camera is carried out automatically upon connection with the endoscope or upon activation of the endoscope. However Craen discloses wherein the focusing of the camera is carried out automatically upon connection with the endoscope or upon activation of the endoscope (para[0072] teaches of the variable focus image capture system (e.g., autofocus system), Para[0085] teaches calibration is made possible on the field, in an automatic process). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the method for mounting an optical system of which offer the possibility of further quality improvements in the imaging properties with visual indicia to provide information on nature of protective cover of Scholer in view of Rice with the method of having a barcode reader in applications to other imaging systems equipped with medical or industrial endoscopes of Craen in order to provide a system for calibration in the field of imaging.
Conclusion
16. 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.
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/ROWINA J CATTUNGAL/Primary Examiner, Art Unit 2425