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 Amendment
The Amendment filed March 27th, 2026 has been entered. Claims 1, 4-5 and 7 have been amended. Claims 1-15 are now pending in the application, with claims 8-15 withdrawn. The previous 35 U.S.C. 112(b) rejections of claims 1, 4-5 and 7 are withdrawn in light of Applicant's amendment.
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered but they are not persuasive.
In response to arguments that Hwang et al. (US 20140330078 A1) does not disclose “an acute angle is formed at an intersection between the surface normals of the first and second windows that is distal of the distal end surface, or a point of closest approach of the surface normals of the first and second windows is distal of the distal end surface,” examiner respectfully disagrees. As detailed below, the examiner has updated the rejection to read on a different embodiment of Hwang which does disclose and suggest an endoscope having the claimed configuration, as amended. As described in greater detail below, the joint (18, FIGS. 7-9) feature of Hwang allows the first window to be inclined towards the second window at an angle where the image capture ranges of the windows overlap [0087], therefore, the Hwang reference discloses the intended configuration of the invention as claimed.
The examiner maintains the rejection under 35 U.S.C. 102(a)(1) with Hwang et al. (US 20140330078 A1), however, the examiner has updated the rejection below.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al. (US 20140330078 A1, hereinafter Hwang).
Regarding Claim 1, Hwang discloses
An endoscope (endoscope 10, FIG. 7), comprising:
a longitudinal shank (front image acquirer 10A + lower image acquirer 10B, FIG. 7 + par. 37 discloses cable of endoscope),
which extends along a longitudinal direction (FIG. 7 depicts direction of axis L1) and includes a distal end surface (surface of image acquirers 11 + 12 + 13, FIGS. 7-9) in which a first window (surface of third objective lens 13a, FIGS. 8-9) and a second window (surface of first objective lens 11a, FIGS. 8-9) are arranged;
an image capturing device (third image sensor 13e + interior of third objective lens 13a, FIGS. 8-9) operably connected to the first window (depicted in FIGS. 8-9); and
an illumination device (first light source 11b, FIGS. 8-9) operably connected to the second window (FIGS. 8-9, par. 74 discloses light is emitted from first objective lens via light source),
wherein the first window comprises a surface normal (depicted in red in Modified FIG. 8 below) at a center thereof and the second window comprises a surface normal (depicted in green in Modified FIG. 8 below) at a center thereof; and
wherein an acute angle is formed at an intersection between the surface normals of the first and second windows that is distal of the distal end surface (par. 87 discloses inclination angle of first window is controlled, via a pivot joint, with respect to second window, such that the angle between the two windows can be less than 90 degrees, i.e. acute, to the point that the image capture ranges overlap each other, i.e. capable of pivoting to a point where the axes/ normals intersect one another distal to the surface of the image acquirers, as depicted in Modified FIG. 8 below),
or a point of closest approach of the surface normals of the first and second windows is distal of the distal end surface (par. 87 discloses inclination angle of first window is controlled, via a pivot joint, with respect to second window, such that the angle between the two windows can be less than 90 degrees, i.e. acute, to the point that the image capture ranges overlap each other, i.e. capable of pivoting to a point where the point of closest approach of the axes/ normals will be distal to the surface of the image acquirers, as depicted in Modified FIG. 8 below).
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Modified FIG. 8 (US 20140330078 A1)
Regarding Claim 2, Hwang discloses
The endoscope according to claim 1, wherein the first window comprises a planar light entrance surface (FIGS. 8-9, par. 74 disclose light is introduced into third objective lens).
Regarding Claim 3, Hwang discloses
The endoscope according to claim 1, wherein the second window comprises a planar light exit surface (FIGS. 8-9, par. 74 discloses light is emitted from first objective lens).
Regarding Claim 4, Hwang discloses
The endoscope according to claim 1,
wherein the illumination device comprises an optical light exit axis (optical axis L1, FIGS. 8-9),
which is oriented parallel to the longitudinal direction (depicted in FIGS. 8-9) and
the image capturing device comprises an optical axis (optical axis L3, FIGS. 8-9) that is oriented at an acute angle relative to the longitudinal direction (depicted in Modified FIG. 8 above).
Regarding Claim 5, Hwang discloses
The endoscope according to claim 1,
wherein the image capturing device comprises a camera objective lens (interior of third objective lens 13a, FIGS. 8-9) and an image sensor (third image sensor 13e, FIGS. 8-9),
which are both immovably installed in a distal end of the shank (depicted in FIGS. 8-9) and
the illumination device comprises an LED-light source (par. 41 discloses light source includes Light Emitting Diode (LED)),
which is immovably installed in the distal end of the shank (depicted in FIGS. 8-9).
Regarding Claim 6, Hwang discloses
The endoscope according to claim 5,
wherein the camera objective lens (13a) comprises an objective acceptance angle (o, depicted in green in Modified FIG. 8-2 below, with respect to longitudinal axis L), and
the illumination device (11b) comprises an illumination beam angle (b, depicted in red in Modified FIG. 8-2 below, with respect to longitudinal axis L),
which is larger than the objective acceptance angle (depicted in Modified FIG. 8-2 below).
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Modified FIG. 8-2 (Hwang US 20140330078 A1)
Regarding Claim 7, Hwang discloses
The endoscope according to claim 1,
wherein the distal end surface (11 + 12 + 13) comprises a first surface section (surface of image acquirer 13, FIGS. 8-9) comprising
a surface normal of which is inclined relative to the longitudinal direction (depicted in red in Modified FIG. 8 above),
wherein the first window is arranged completely inside the first surface section (depicted in FIGS. 8-9) and
wherein the distal end surface (11 + 12 + 13 + 14) comprises a second surface section (surface of image acquirer 11, FIGS. 8-9) comprising
a surface normal of which is oriented parallel to the longitudinal direction (depicted in green in Modified FIG. 8 above),
wherein the second window is entirely arranged inside the second surface section (depicted in FIGS. 8-9).
Conclusion
THIS ACTION IS MADE FINAL. 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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan 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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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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