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 1-9 and 31-37 are pending and currently under consideration for patentability under 37 CFR 1.104.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/28/2023 have been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it recites legal phraseology “said second material” and “said first material”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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) 1-9 and 31-37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2005/0075538 to Banik et al. (hereinafter “Banik”).
Regarding claim 1, Banik discloses an endoscope comprising a distal tip part, the distal tip part comprising: a housing (450, Fig. 6C, [0112]) integrally moulded from a first material and a second material (Fig. 6E-6F, [0113]-[0114]), the second material being a transparent material ([0114]-[0114]), the housing comprising an end wall and a side walls the end wall including an internal end wall surface and an external end surface facing an exterior (450, 6C-6E, [0106]-[0113]), and the side wall including an internal side wall surface and an external surrounding side surface (450, 6C-6E, [0106]-[0113]), the internal end wall surface and the internal side wall surface forming an inner compartment configured to house an electronic vision device ([0106]) and a light source (482, 484, Fig. 6C, [0123]), wherein the second material forms a part of the end wall so as to provide a vision window and a light emission window in the end wall and wherein, in the end wall (450, Fig. 6C-6E, [0106]-[0113]), said second material overlaps at least partially said first material when viewed from the exterior towards the external end surface, (Fig. 6C-6E, [0106]-[0113]) forming an overlap comprising a fusion seam extending from the internal end wall surface to the external end surface (450, Fig. 6C-6E, [0106]-[0113]).
Regarding claim 2, Banik discloses the endoscope of claim 1, and Banik further discloses wherein the second material forms one contiguous part so as to provide both said vision window and said light emission window ([0113]).
Regarding claim 3, Banik discloses the endoscope of claim 2, and Banik further discloses wherein the second material forms one contiguous part providing part of the side wall and part of the end wall ([0113]).
Regarding claim 4, Banik discloses the endoscope of claim 3, and Banik further discloses wherein the overlap is formed as a step between the first material and the second material (450, 6C-6E, [0106]-[0113]).
Regarding claim 5, Banik discloses the endoscope of claim 1, and Banik further discloses wherein the overlap is formed as a step between the first material and the second material (Fig. 6a-6I), and wherein the step comprises an a first interface extending below and in parallel with the end surface and a second interface extending from the first interface not in parallel with the end surface (450, 6C-6E, [0106]-[0113]).
Regarding claim 6, Banik discloses the endoscope of claim 1, and Banik further discloses wherein the overlap is formed as a step between the first material and the second material (450, 6C-6E, [0106]-[0113]), wherein the step comprises a first interface extending in parallel with the end surface, and wherein the step comprises a second interface extending essentially at a right angle to said first interface (450, 6C-6E, [0106]-[0113]).
Regarding claim 7, Banik discloses the endoscope of claim 1, and Banik further discloses wherein said overlap is arranged at a central part of the end surface, which central part is away from the side wall when viewed from said exterior facing the external end surface (450, Fig. 6C-6E, [0106]-[0113]).
Regarding claim 8, Banik discloses the endoscope of claim 1, and Banik further discloses wherein the light emission window comprises a light guide ([0063]).
Regarding claim 9, Banik discloses the endoscope of claim 1, and Banik further discloses wherein said second material overlaps a moulding artefact in the first material ([0113]).
Regarding claim 31, Banik discloses the endoscope of claim 1, and Banik further discloses wherein the first material forms one contiguous part so as to provide part of the side wall, part of the end wall, and a plane surface (Fig. 6C-6E, [0106]-[0113]), wherein the second material forms one contiguous part so as to provide both said vision window and said light emission window, part of the side wall, and part of the end wall (Fig. 6C-6E, [0106]-[0113]), and wherein a portion of the second material extends radially from the vision window away from the part of the side wall formed by the second material and overlaps the plane surface to form the overlap (Fig. 6C-6E, [0106]-[0113]).
Regarding claim 32, Banik discloses the endoscope of claim 31, and Banik further discloses wherein the fusion seam, measured at an intersection with a plane parallel to a longitudinal axis of the housing, is longer than a thickness of the end wall measured adjacent the fusion seam (Fig. 6C-6E, [0106]-[0113]).
Regarding claim 33, Banik discloses the endoscope of claim 31, wherein the light emission window comprises a light guide extending proximally from the internal end wall surface ([0063]).
Regarding claim 34, Banik discloses a system comprising a video processing apparatus and the endoscope of claim 31, and Banik further discloses wherein the endoscope is connectable to the video processing apparatus ([0103]-[0104]).
Regarding claim 35, Banik discloses a system comprising a video processing apparatus and the endoscope of claim 1, and Banik further discloses wherein the endoscope is connectable to the video processing apparatus ([0103]-[0104]).
Regarding claim 36, Banik discloses a method of manufacturing an endoscope, the method comprising: injecting a first material, in a molten state of the first material ([0113]-[0114]), into a mould through a first gate having an outlet directed to a portion of a cavity configured to form a portion of a side wall of a housing (Fig. 6A-6I, [0113]-[0114]), the first material flowing through the first gate to form the portion of the side wall and a portion of an end wall of the housing([0113]-[0114]); injecting a second material, in a molten state of the second material, into the mould through a second gate having an outlet directed to a portion of a cavity configured to form a portion of the end wall of the housing ([0113]-[0114]), the second material being a transparent material and flowing through the second gate to form a portion of the side wall and the portion of the end wall of the housing ([0113]-[0114]), wherein the portion of the end wall formed from the second material provides a vision window and a light emission window in the end wall (Fig. 6A-6I), and wherein, in the end wall, said second material overlaps at least partially said first material (Fig. 6A-6I), when viewed from an exterior longitudinally towards the end wall, forming an overlap comprising a fusion seam extending from an internal end wall surface to an external end wall surface (Fig. 6A-6I, [0113]-[0114]).
Regarding claim 37, Banik discloses the method of claim 36, and Banik further discloses wherein the side wall and the end wall form an inner compartment, further comprising inserting an electronic vision device ([0106]) and a light source into the inner compartment (482, 484, Fic. 6C, [0123]).
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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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795