DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5-9 have been considered but are moot as discussed in the new ground of rejection below.
Applicant argues Takasaki fails to disclose the feature “an expending part that is provided by being extended from a proximal end surface of the distal end part body” recited in claim 1 because the forceps channel 58 does not contact or overlap the proximal end surface annotated by the Examiner, the main body does not further extends from the proximal end surface of main body 60, channel 56 is not part of the main body 60, and not part of the proximal end surface as annotated in Fig. 4 of Takasaki, the channel 56 is not extended from the proximal end surface of the main body 60 (pages 6-7). This argument is respectfully traversed.
It is noted that the claims do not recite that the extending portion is in contact or overlap the proximal end surface. Instead, claim 1 recites “an extending part that is provided by being extended from a proximal end surface of the distal end part body”.
According to https://www.thefreedictionary.com/ definition of “extend” encompasses:to cause (something) to be longer, wider, or cover more area; to
open or straighten (something) out; to increase in size or area.
Takasaki discloses a tubular forceps channel 58 (see Fig. 4) is connected to the forceps opening 56, and the forceps channel 58 is inserted through the inside of the insertion part 14. The forceps channel 58 is branched and thereafter one of it is communicated with a forceps insertion part 38 in the proximal operation part 12 (see paragraph 0049). Thus, the forceps 58 is connected through the annotated “proximal end surface” of the distal end part body of distal end part 44 (see figure 4 and paragraph 0056 and annotated figure).
Takasaki further discloses channel 56 is connected to forceps channel 58 and part of main body of distal end 44 (see for example, figure 4, paragraphs 0049, 0056-0057).
Takasaki also discloses a main body 60 comprises a portion (as shown in the annotated figure and/or portion attached to image pickup 100) that is extended to be longer or cover more area or open out from the proximal end surface of the distal end part body 44 as shown in annotated figure (see also paragraphs 0056-0057).
Thus, Takasaki discloses an extending part (either portion of forceps channel 58 including portion of channel 56 or portion of main body 60 of distal end 44 that extends (to be longer, or cover more area, or to open out, to increase in size/length - see annotated figure below), from the from a proximal end surface as annotated in the figure) of the distal end part body 44) that is provided by being extended from a proximal end surface of the distal end part body (annotated “proximal end surface” of distal part body 44 as shown in annotated figure below).
Applicant further submits that Takasaki fails to disclose the feature “a portion of the imaging unit is disposed in the distal end part body” recited in claim 1 because all components of the image unit 100, including the solid-state image pickup element 102 are disposed outside the main body 60 (page 8). This argument is respectfully traversed.
Claim 1 does not recite all components of the image unit 100 are disposed inside the main body 60. Instead, claim 1 recites “a portion of the imaging unit is disposed in the distal end part body”. Takasaki discloses a portion of image unit 100 is disposed in the distal end part body of distal end 44 as shown in the annotated figure (see also figures 2, 4, paragraphs 0050, 0056-0060) read on ““a portion of the imaging unit is disposed in the distal end part body” as discussed in the rejection.
Applicant argues Yashiro fails to disclose the feature “wherein the imaging unit includes an imaging element and a substrate” and “wherein the extending part faces the substrate”, which are previously recited in claim 4 of this application because Examiner does not indicate that Yashiro has disclosed the original claim 4 of this application (page 9).
In response, the non-final rejection relied on Takasaki for teaching of the limitation of claim 4. Yashiro is used as an alternative rejection of claim 1.
With respect to amended claim 1 with limitation of claim 4, Yashiro is also relied on as an alternative rejection for amended claim 1 include feature of “wherein the imaging unit includes an imaging element and a substrate” and “wherein the extending part faces the substrate” (read on image sensor 20 includes an imaging element such as any portion of image sensor 20, photodetecting surface 20a and a substrate such as upper surface of image sensor 20 or portion associated with sensor holding 30 that faces that annotated “extending part” as shown in annotated figure 3 and include, but are not limited to, paragraphs 0050-0051 as discussed below.
For the reasons given above, rejection of claims 1-3, 5-9 are discussed below.
Claim 4 has been canceled.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takasaki (US 2011/0074941).
Regarding claim 1, Takasaki discloses an endoscope comprising:
an imaging device (69,100, Fig.4) that includes a lens barrel (lens barrel 69, Fig.4) and an imaging unit (imaging unit 100, Figs.2,4), the imaging unit includes an imaging element (light receiving surface 104 or pickup element 102, see include, but are not limited to, figures 2-4, paragraphs 0050, 0053-0054) and a substrate (image pickup element 102 or frame 114 or spacer 106, see include, but are not limited to, figures 2-4, paragraphs 0050, 0053-0054);
a distal end part body (distal end 44 comprises 60/62, Fig.4) that has an insertion hole (space through 60/62 which accommodates lens barrel 69) into which at least the lens barrel is inserted – see annotated figure, figure 4, and include, but are not limited to, paragraphs 0056-0060); and
an extending part (either portion of 58 including channel 56 or portion of main body 60 that extends proximally, see annotated figure below, both of which extend proximally from the distal end body of distal end 44 with portions 60/62) that is provided by being extended from a proximal end surface of the distal end part body (see annotated figure and discussion in “response to arguments” above),
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wherein the imaging device includes, in a state in which the lens barrel is inserted into the insertion hole (Fig.4), an exposed part (see annotated figure above) of the imagining unit is exposed from a proximal end of the distal end part body, and a portion of the imagining unit is disposed in the distal end part body (a portion of image unit 100 is disposed in the distal end part body (see annotated figure and discussion in “response to argument” above), and
the extending part is disposed at a position facing at least the exposed part of the imaging unit (the portions of the extending part facing upward in the annotated figure above will face the exposed part),
wherein the extending part faces the substrate (the extending parts, as set forth above in the annotated figures have surfaces that face the substrate, Fig.4, annotated figure, paragraphs 0050, 0057).
Regarding claim 2, Takasaki discloses the endoscope according to claim 1, wherein a space between the imaging device and the extending part is filled with a filler having thermally conductive properties (insulative resin 112, which inherently has thermally conductive properties to some extent, [0051], extends between the imaging device 100 and the extending part as shown in Fig.4; additionally, a further insulative resin 120 may be added, Fig.9A,9B, [0070]).
Regarding claim 5, Takasaki discloses the endoscope according to claim 1, wherein a distal end ring (64, Fig.4) that is disposed on a proximal end side of the distal end part body (as shown in Fig.4) and constitutes a distal end part of a bendable part is provided (64 is the distal end sleeve of a bending part, [0056]), and a heat dissipation sheet (coating member 66, Fig.4, [0056]) that has thermally conductive properties (inherent) is disposed on an outer circumference of the distal end ring (surrounds ring 64, Fig.4), the distal end ring including an inner periphery on which at least the extending part is positioned (extending parts as set forth above are positioned on the inner periphery of the ring 64, as shown in Fig.4).
Regarding claim 6, Takasaki discloses the endoscope according to claim 5, wherein the heat dissipation sheet is disposed within a range where the extending part is positioned, in an axial direction of the distal end part body (axially, the sheet 66 overlaps the extending parts, as shown in Fig.4).
Regarding claim 7, Takasaki discloses the endoscope according to claim 5, wherein the distal end part body has a disposition space in which the imaging unit is disposed (space that accommodates the imaging unit, Fig.4), the disposition space being consecutively installed to the insertion hole (the space that accommodates the imaging unit intersects/communicates with the space that accommodates the lens barrel, Fig.4).
Regarding claim 8, Takasaki discloses the endoscope according claim 7, wherein the heat dissipation sheet is disposed within a range where the disposition space and the extending part are positioned in an axial direction of the distal end part body (axially, the sheet 66 overlaps the extending parts and disposition space, as shown in Fig.4).
Regarding claim 9, Takasaki discloses the endoscope according to claim 1, wherein the extending part is disposed only at a position facing the exposed part of the imaging unit in a circumferential direction of the distal end part body (as shown in Fig.4, disposed only on one side of the imaging device).
Claim 1 is alternatively rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yashiro et al. (US 20170059850).
As to claim 1, Yashiro discloses an endoscope comprising:
an imaging device (20,21, Fig.3) that includes a lens barrel (lens barrel 21, Fig.3, para. 0050) and an imaging unit (imaging unit 20, Fig. 3, paragraph 0050), wherein the imaging unit (image sensor 20) includes an imaging element (any portion of image sensor 20/photodetecting surface 20a) and a substrate (e.g., any substrate of image sensor 20 such as upper surface/portion associated with sensor holding 30 that face with the annotated “extending part” as shown in annotated figure 3 and see also paragraphs 0050-0051);
a distal end part body (24,30,31, Fig.3) that has an insertion hole (hole through 24, 30,31 which accommodates lens barrel 21) into which at least the lens barrel is inserted (see Fig. 3, paragraphs 0051-0052); and
an extending part (portion of 32 or part of 30 extends from end surface of 30 or end surface of upper portion as shown in annotated figure below, of which extend proximally from the distal end body 24, 30, 31) that is provided by being extended from a proximal end surface of the distal end part body (see annotated figure below),
wherein the imaging device includes, in a state in which the lens barrel is inserted into the insertion hole (Fig.3, paragraphs 0051-0052), an exposed part (see annotated figure below) of the imagining unit (20) is exposed from a proximal end of the distal end part body, and a portion of the imagining unit is disposed in the distal end part body (a portion of image unit 20 is disposed in the distal end part body 24, 30 - see annotated figure below), and
the extending part is disposed at a position facing at least the exposed part of the imaging unit (the portions of the extending part facing toward at least the exposed part of the imaging unit 20 - see annotated figure below),
wherein the extending part faces the substrate (the annotated “extending part” faces the substate/portion of image sensor 20 such as the upper surface or portion associated with sensor holding 30 – see annotated figure and include, but are not limited to, paragraphs 0050-0051).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Takasaki (US 2011/0074941) in view of Sakai et al. (US 2010/0208473, hereinafter “Sakai”).
Regarding claim 3, Takasaki discloses that the filler is a thermally conductive resin (such as silicon resin) mixed with a thermally conductive filler ([0051]) but fails to disclose that the filler base is a grease (as opposed to a resin). However, it is known in the thermally conductive filler art that a silicon grease can be substituted for a silicon resin in a filler material designed to increase thermal conduction efficiency (Sakai: [0054],[0072]). Given this known equivalency, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the filler as a grease as a known equivalent alternative to a resin in order to provide the same predictable results of conducting heat away from the imaging unit.
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 AN SON P HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANH TUAN T. NGUYEN can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AN SON P HUYNH/Primary Examiner, Art Unit 2426
October 5, 2026
