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 .
Status of Claims
Claims 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/20/2023 has considered by the examiner.
Drawings
The drawings are objected to because Fig. 3 and Figs. 6-6E are very difficult to interpret because the photographs are grainy. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract recites the phrase “or the like”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2015/0005580 to Petersen.
Regarding claim 1, Petersen discloses a distal cap assembly, comprising: a spline structure (29, 32, Fig. 2, [0046]-[0048]); a plurality of distal end components disposed in the spline structure (26, 27, 28, 31, 33, 34, 35, Fig. 2, [0046]-[0048]); and a distal end capsule encapsulating the spline structure and the distal end components (42, 43, Fig. 4, Fig. 5, [0051], [0052]), wherein the distal end capsule is formed with an encapsulation material using a hot melt injection process (42, 43, Fig. 4, Fig. 5, [0051], [0052]- The examiner notes that this is a product by process claim (see MPEP 2113).
Regarding claim 2, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein the spline structure comprises a plurality of channels, each one of the plurality of channels configured to receive a respective one of the plurality of distal end components (32, 33, Fig. 2, [0047]-[0048]).
Regarding claim 3, Petersen discloses the distal cap assembly of claim 2, and Petersen further discloses wherein the spline structure comprises at least one lumen connecting a proximal end of the spline structure to the plurality of channels (31, Fig. 2, [0048]-[0049]).
Regarding claim 4, Petersen discloses the distal cap assembly of claim 3, and Petersen further discloses wherein at least one of the plurality of distal end components is an image sensor (Fig. 2, [0046]).
Regarding claim 5, Petersen discloses the distal cap assembly of claim 4, and Petersen further discloses wherein the at least one of the plurality of distal end components comprises a lead routed through the at least one lumen and coupled to the image sensor (30, Fig. 2, [0049]).
Regarding claim 6, Petersen discloses the distal cap assembly of claim 5, and Petersen further discloses wherein at least another one of the plurality of distal end components is a light emitting diode (LED) (27, Fig. 2, [0046]).
Regarding claim 7, Petersen discloses the distal cap assembly of claim 6, and Petersen further discloses wherein the at least one other of the plurality of distal end components comprises a lead routed through the at least one lumen and coupled to the LED ([0040]) and wherein the encapsulation material is at least partially transmissive to a wavelength of light emitted by the light emitting diode ([0012]).
Regarding claim 8, Petersen discloses the distal cap assembly of claim 4, and Petersen further discloses wherein the image sensor is a charge couple device (CCD) sensor or a complimentary metal-oxide semiconductor (CMOS) sensor ([0046]).
Regarding claim 9, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein the spline structure comprises a raised ring disposed between the proximal end of the spline structure and a distal end of the spline structure (102, Fig. 11, [0061]).
Regarding claim 10, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein the distal end capsule entirely encapsulates at least one of the plurality of distal end components (Fig. 4).
Regarding claim 11, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein a distal most end of at least one of the distal end components is flush with a distal most end of the distal end capsule (Fig. 4).
Regarding claim 12, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein the encapsulation material is polymer ([0051]).
Regarding claim 13, Petersen discloses an endoscope comprising: a proximal end comprising at least one electric connector (2, Fig. 1, [0039]); a distal end comprising a plurality of distal end components (5, Fig. 1, [0039]); an outer lumen coupling the proximal end and the distal end (3, Fig. 1, [0039]); at least one lead disposed in the outer lumen (30, Fig. 2, [0049]), the at least one lead to electrically couple the at least one electric connector with the plurality of distal end components (30, Fig. 2, [0049]); wherein the distal end comprises a cap assembly (Figs. 11-13), comprising: a spline structure (29, 32, Fig. 2, [0046]-[0048]) wherein the plurality of distal end components are disposed in the spline structure (26, 27, 28, 31, 33, 34, 35, Fig. 2, [0046]-[0048]); and a distal end capsule encapsulating the spline structure and the distal end components (Fig. 4), wherein the distal end capsule is formed with an encapsulation material using a hot melt injection process (42, 43, Fig. 4, Fig. 5, [0051], [0052]).
Regarding claim 14, Petersen discloses the endoscope of claim 13, and Petersen further discloses wherein the spline structure comprises a plurality of channels, each one of the plurality of channels configured to receive a respective one of the plurality of distal end components (32, 33, Fig. 2, [0047]-[0048]).
Regarding claim 15, Petersen discloses the endoscope of claim 14, and Petersen further discloses wherein the spline structure comprises at least one distal lumen connecting a proximal end of the spline structure to the plurality of channels (31, Fig. 2, [0048]-[0049]).
Regarding claim 16, Petersen discloses the endoscope of claim 15, and Petersen further discloses wherein: at least one of the plurality of distal end components is an image sensor (Fig. 2, [0046] and wherein the at least one lead is routed through the at least one distal lumen (30, Fig. 2, [0049]); and at least another one of the plurality of distal end components is a light emitting diode (LED) and wherein the encapsulation material is at least partially transmissive to a wavelength of light emitted by the light emitting diode ([0012]).
Regarding claim 17, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein the spline structure comprises a raised ring disposed between a proximal end of the spline structure and a distal end of the spline structure and wherein the outer lumen abuts a first side of the raised ring proximate to the proximal end of the spline structure and wherein the distal end capsule abuts a second side of the raised ring proximate to the distal end of the spline structure (102, Fig. 11, [0061]).
Regarding claim 18, Petersen discloses the distal cap assembly of claim 1, and Petersen further discloses wherein the distal end capsule entirely encapsulates at least one of the plurality of distal end components and wherein a distal most end of at least one of the distal end components is flush with a distal most end of the distal end capsule (Fig. 4).
Regarding claim 19, Petersen discloses the a method of manufacturing a distal cap assembly for a scope, comprising: providing a spline structure (29, 32, Fig. 2, [0046]-[0048]); fitting a plurality of distal end components into the spline structure (26, 27, 28, 31, 33, 34, 35, Fig. 2, [0046]-[0048]); inserting the spline structure and the plurality of distal end components into a mold (20, Fig. 2, [0046]); and injecting encapsulation material into the mold to encapsulate the spline structure and the distal end components to form a distal end capsule (42, 43, Fig. 4, Fig. 5, [0051], [0052]).
Regarding claim 20, Petersen discloses the method of claim 19, and Petersen further discloses comprising printing, depositing, or printing and depositing a plurality of layers of a spline structure material with a three-dimensional (3D) printer to form the spline structure (29, Fig. 2, [0046]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTEN A. SHARPLESS whose telephone number is (571)272-2387. The examiner can normally be reached Monday-Tuesday 6:00 AM - 2:00 PM, and Friday 6:00 AM - 10:00 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795