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 .
Claim Objections
Claims 1-19 are objected to because of the following informalities:
Claim 1:
Limitations “a prism assembly….” and “a first image capture sensor…” should be indented like the rest of the components.
Claims 2-3 and 12-15, “claim 1” should be followed by a [,].
Claims 4-7, “claim 4” should be followed by a [,].
Claim 8, “claim 7” should be followed by a [,].
Claim 9, “claim 8” should be followed by a [,].
Claim 10, “claim 9” should be followed by a [,].
Claim 11, “claim 10” should be followed by a [,].
Claims 16 and 22, “claim 15” should be followed by a [,].
Claims 17 and 18, “claim 16” should be followed by a [,].
Claim 19, “claim 18” should be followed by a [,].
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.
Claims 1-3, , 7-9, 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McDowall et al (Pub. No.: US 2013/0041221)
Regarding claim 1, McDowall et al disclose an endoscopic system comprising:
a first objective lens assembly extending along a first side (left/right sides, see figs 3) of a central longitudinal axis through the endoscopic system [see 0018-0019, 0038, 0092, 0103, figs 3];
a second objective lens assembly extending along a second side (left/right sides, see figs 3 of the central longitudinal axis [see 0018-0019, 0038, 0092, figs 3A];
a prism assembly at a proximal end of the first and second objective lens assemblies [see 0019];
a first image capture sensor (image capture sensors 410A, 415A/sensor assemblies 320L, 320R withing the left and right stereoscopic channels, see 0092, 0103) coupled to the prism assembly on the first side (left/right sides, see figs 3-4A-B) of the central longitudinal axis [see 0018-0019, 0088, 0092, 0103, fig 3];
a second image capture sensor (image capture sensors 410A, 415A/sensor assemblies 320L, 320R withing the left and right stereoscopic channels, see 0092, 0103) coupled to the prism assembly on the second side (left/right sides, see figs 3, 4A-B) of the central longitudinal axis [see 0018-0019, 0088, 0092, 0103, 0127, figs 3,
wherein the prism assembly (prism assemblies 330L, 330R, 0092) directs first light from the first objective lens assembly (lenses 304L and 304R, 0092) to the second image capture sensor [see 0020, 0091-0095, figs 3A].
Regarding claim 2, McDowall et al disclose wherein the prism assembly directs second light from the second objective lens assembly (lenses 304L and 304R, 0092) to the first image capture sensor [see 0018-0020, 0038, 0092].
Regarding claim 3, McDowall et al disclose wherein an acute angle (greater than 0 degree and less than 90-degree, emphasis added) is formed between an image capture surface of the first image capture sensor and the central longitudinal axis [see fig 4B, 0096, 0122]
Regarding claim 7, McDowall et al disclose wherein the first lateral prism (prism assemblies 330L, 330R, see 0092, figs 3A, 4A-4B) includes a first face, a second face, and a third face [as shown in figs 3A and see 0020, 0332-0333, figs 3A, 4A-4B].
Regarding claim 8, McDowall et al disclose wherein the first light enters the first lateral prism at the first face [see 0091-0092, figs 3A, 4A-4B].
Regarding claim 9, McDowall et al disclose wherein the first light is reflected, by total internal reflection at the second face, onto the third face the first lateral prism [see 0092, 0096, 0106-0107, 0118, 0141-0142, 0335, figs 3A, 4A-4B].
Regarding claim 15, McDowall et al disclose wherein the prism assembly includes a central prism (483) that directs a first portion of the first light to the second image capture sensor and directs a econd portion of the first light to the first image capture sensor [see fig 4B, 0038, 0091-0092].
Regarding claim 16, McDowall et al disclose wherein the central prism includes a first
prism portion on the first side of the central longitudinal axis and a second prism portion on the
second side of the central longitudinal axis [see fig 4B].
Regarding claim 17, McDowall et al disclose claim 16 wherein the first prism portion includes a first central face covered with a dichroic coating [see 0022].
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.
Claim(s) 4-5 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over McDowall et al (Pub. No.: US 2013/0041221).
Regarding claims 4-5, McDowall et al disclose wherein the prism assembly includes a first lateral prism (prism assemblies 330L, 330R, see 0092, figs 3A, 4A-4B) on the first side of the central longitudinal axis [see 0019];
a second lateral prism (prism assemblies 330L, 330R, see 0092, figs 3A, 4A-4B) on the second side of the central longitudinal axis [see 0019, 0092];
McDowall et al may not explicitly mention a central prism through which the central longitudinal axis extends and direct a light to the central prism.
However, the middle element 483 behaves as a central prism by disclosing middle element 483 in lens assembly 401B may be a prism [see 0113, 0125].
In the alternative, one skilled in the art at the time the invention was filed would have been motivated to use middle element 483 as a central prism and direct a light to the central prism; to correct alignment issue.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over McDowall et al (Pub. No.: US 2013/0041221) in view of Reche (Pub. No.: US 2014/0378769).
Regarding claim 6, McDowall et al disclose prismatic structure 460 is designed with a material with a particular refractive index and prism geometry to achieve the desired image separation onto the two image capture sensors [see 0117, 0122].
McDowall et al don’t disclose the first lateral prism has a first refractive index and the central prism has a second refractive index and wherein the first refractive index is greater than the second refractive index.
Nonetheless, Reche discloses first lateral prism has a first refractive index and the central prism has a second refractive index and wherein the first refractive index is greater than the second refractive index [see claim 6, 0014].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine McDowall et al and Reche by using a first refractive index and the central prism has a second refractive index and wherein the first refractive index is greater than the second refractive index; a first refraction index to enable inspection of the target at a first object position and a second refraction index to enable inspection of the target at a second object position.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over McDowall et al (Pub. No.: US 2013/0041221) in view of Zobel (Pub. No.: US 2016/0004065)
Regarding claim 12, McDowall et al don’t explicitly mention wherein the first objective lens assembly includes a first entrance pupil and the second objective lens assembly includes a second entrance pupil and wherein a distance between centers of the first and second entrance pupils are between approximately 1 to 6 mm.
Nonetheless, Zobel discloses wherein the first objective lens assembly includes a first entrance pupil and the second objective lens assembly includes a second entrance pupil (second entrance side) and wherein a distance between centers of the first and second entrance pupils are between approximately 1 to 6 mm [see 0007, 0010, 0029-0037] by disclosing the distance of the two halves of the entrance pupil can be expanded and the stereoscopic effect can be increased [see 0010] and to additionally achieve a significant stereoscopic disparity the distance between the left and right pupil half is expanded. The separation of the entrance pupil and the expansion of the left and right pupil halves are achieved by a distally located prism block [see 0009] and to adapt the stereo endoscope to the optical axes of any stereo endoscope camera [see 0016].
Therefore, to additionally achieve a significant stereoscopic disparity the distance between the left and right pupil half can be expanded to 6 mm via pupil expander [see 0007, 0031] (emphasis added, 0029).
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine McDowall et al and Zobel by having the first objective lens assembly includes a first entrance pupil and the second objective lens assembly includes a second entrance pupil and wherein a distance between centers of the first and second entrance pupils are between approximately 6 mm; to additionally achieve a significant stereoscopic disparity [see 0009] and to adapt the stereo endoscope to the optical axes of any stereo endoscope camera [see 0016].
Claim(s) 13, 18, 22 are rejected under 35 U.S.C. 103 as being unpatentable over McDowall et al (Pub. No.: US 2013/0041221) in view of Levy et al (Pub. No.: US 2021/0121045)
Regarding claim 13, McDowall et al don’t disclose a first heat dissipation component coupled to the first image capture sensor and extending along the first side of the central longitudinal axis and a second heat dissipation component coupled to the second image capture sensor and extending along the second side of the central longitudinal axis
Nonetheless, Levy et al disclose a first heat dissipation component (first/second channel manifold or metal frames 2904, 2910, 2912, 0684) coupled to the first image capture sensor and extending along the first side of the central longitudinal axis and a second heat dissipation component (first/second channel manifold or metal frames 2904, 2910, 2912, 0684) coupled to the second image capture sensor and extending along the second side of the central longitudinal axis [see 0051, 0053, 0106, 0674, 0684] by disclosing the manifold is configured to be a heat sink for transferring heat generated by a plurality of illuminators [see 0051] and further disclose each of said one or more optical assemblies is a metal frame functioning as a heat sink for heat generated by one or more illuminators [see 0106].
Levy et al disclose Metal frames 2910 and 2912 are provided to support side lens assemblies 2914, 2916 and support the associated image sensors 2918 and 2920, respectively and the metal frames 2904, 2910, 2912 may also serve as a heat sink to the light emitting diodes (LEDs) and sensors incorporated in the endoscope [see 0684].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine McDowall et al and Levy et al by using a first heat dissipation component coupled to the first image capture sensor and extending along the first side of the central longitudinal axis and a second heat dissipation component coupled to the second image capture sensor and extending along the second side of the central longitudinal axis; for transferring heat generated by a plurality of illuminators [see 0051]
Regarding claim 18, McDowall et al disclose an aperture element 470B that implements the stop [see 0113].
McDowall et al don’t explicitly mention a shutter that blocks second light traveling through the second objective lens assembly prior to reaching the prism assembly
Nonetheless, Levy et al disclose a shutter that blocks second light traveling through the second objective lens assembly prior to reaching the prism assembly [see 0139, 1120].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine McDowall et al and Levy et al by using a shutter that blocks second light traveling through the second objective lens assembly prior to reaching the prism assembly; to control the light distribution.
Regarding claim 22, McDowall et al don’t explicitly mention wherein the first portion of the first light is infrared light.
Nonetheless, Levy et al disclose wherein the first portion of the first light is infrared light [see 0663, 0694].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine McDowall et al and Levy et al by using infrared light; It is a safe and comfortable option for patients, especially those sensitive to other imaging methods or requiring frequent monitoring; Unlike traditional imaging methods, infrared thermography does not involve exposure to ionizing radiation, making it a safer choice for patients; It can be used across various medical fields, including primary care, oncology, sports medicine, and pain management; It can help identify signs of inflammation, monitor blood flow, and evaluate conditions such as nerve damage or chronic pain and It can be used alongside other tests for accurate diagnosis, providing a comprehensive view of the body's physiological functions.
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over McDowall et al (Pub. No.: US 2013/0041221) in view of Levy et al (Pub. No.: US 2021/0121045) as applied to claim 18 above and further in view of Yamamoto (Pub. No.: US 2018/0103246)
Regarding claim 19, McDowall et al and Levy et al don’t disclose wherein the shutter includes a liquid crystal shutter, a ferroelectric shutter, or a piezoelectric shutter.
Nonetheless, Yamamoto discloses pattern generation unit 55 may be a liquid crystal shutter module capable of switching between a light-transmitting state and a non-light-transmitting state in respective liquid crystal elements [see 0266].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine McDowall et al, Levy et al and Yamamoto by using a liquid crystal shutter; due to its ability to switch between a light-transmitting state and a non-light-transmitting state in respective liquid crystal elements.
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: No prior arts of record alone or in combination discloses the following:
Claim 10,
“wherein the first light is reflected by the third face toward the second face and passes through the second face”
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: No prior arts of record alone or in combination discloses the following:
Claim 14,
“an endoscopic housing and a scaffold to which the first objective lens assembly, the second objective lens assembly and the prism assembly are coupled, wherein the scaffold extends between the endoscopic housing and the first objective lens assembly, the second objective lens assembly and the prism assembly”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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/JOEL F BRUTUS/ Primary Examiner, Art Unit 3798