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 .
Election/Restrictions
Applicant’s response of 20 April, 2026 to the restriction requirement is acknowledged. Applicant elects Invention II, claims 14-20, with traverse, and Species A, Figs.1-2, without traverse. Applicant avers that claims 1, 3-5, 7-9, 11 and 13-15 read on the elected species, and that claims 2, 6, 10, 12 and 16-20 should be withdrawn as not reading on the elected species.
Applicant’s traversal is on the basis that claim 1 has been amended, to include a wireless camera, such that the restriction requirement is no longer valid, as Inventions I-II are no longer related as combination and subcombination.
The examiner disagrees. The applicant has not amended claim 1 (Invention I) to include the endoscope of claim 14 (Invention II). As such, the inventions are still related as combination and subcombination.
The restriction requirement is hereby made final. Claims 1-13 and 16-20 are withdrawn, and claims 14-15 are examined.
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.
Claims 14-15 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Oneda et al. (US 2010/0298640).
In regards to Claim 14, Oneda discloses a wireless camera assembly, comprising:
a disposable cover [102, Fig.1, para.49] including a housing [structure enclosing compartment 108, Figs.2a-b, para.54] and a hatch [112, Figs.2a-b, para.55] movable relative to the housing between an open position allowing access to a cavity in the housing and closed position to close the housing, the housing including a connector [130, Fig.2b, para.69];
an endoscope [120, Figs.2-3, para.54, 58, excepting 124, 128, and components connecting these] having a proximal end [134, Fig.3, para.69] coupled to the connector of the housing [para.69], the endoscope being manually rotatable by a user about an axis of an endoscope tube of the endoscope with a same hand holding the cover to vary a view angle of the endoscope [para.58; endoscope 120 in compartment 108 would rotate together with the cover]; and
a wireless camera [124, 128, and components connecting these, Fig.3, para.65] removably insertable in the cavity of the disposable cover [Figs.2b, 3, para.54-55, 58; as this is within 120], the camera insertable into the housing or removable from the housing when the hatch is in the open position [para.54-55, 58], an imaging device of the wireless camera configured to align with the endoscope when the wireless camera is inserted into the cavity [Fig.3; these are aligned], the imaging device configured to receive an image from the endoscope [Fig.3, para.65; through optic lens 122].
In regards to claim 15, Oneda discloses the assembly of claim 14, wherein the disposable cover and endoscope are disposable after a single use [anything may be disposed of].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Truckai et al. (US 2018/0084971)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON B FAIRCHILD whose telephone number is (571)270-5276. The examiner can normally be reached 8:30am-5pm Monday-Friday.
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/AARON B FAIRCHILD/Primary Examiner, Art Unit 3795
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