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
Applicant's request for reconsideration of the finality of the rejection of the last Office action, filed 07/14/2026, is persuasive and, therefore, the finality of that action is withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, filed 04/06/2026, with respect to Glukhovsky (US 20070002135 A1) under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The Non-Final Rejection of 01/05/2026 has been withdrawn.
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 § 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) 1-7, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oneda et al. (US 20110004058 A1, hereinafter Oneda) in view of Glukhovsky (US 20070002135 A1).
Regarding Claim 1, Oneda discloses
A video laryngoscope (colonoscope 100, FIG. 1) comprising:
a display (electrical port 162, FIG. 1; par. 63 discloses electrical port is used to communicate with a computer or other control unit, par. 72 discloses inner shaft connects to display unit positioned on or near handle, i.e. via electrical port);
a handle (control handle 104, FIG. 1);
an arm (elongate tube 102, FIG. 1) extending distally from the handle (depicted in FIG. 1);
a camera (camera 202, FIG. 4A) positioned at a distal end of the arm (depicted in FIGS. 1-4A);
a light source (light source 160 + illumination ports 220, FIGS. 1, 4A) positioned at the distal end of the arm (depicted in FIGS. 1 - 4A); and
a unibody plug (imaging capsule 110, FIG. 1) positioned at the distal end of the arm (depicted in FIG. 1).
However, Oneda does not disclose the unibody plug comprising: a light guide formed of a solid transparent material having an entry surface at a proximal end of the light guide and an exit surface at a distal end of the light guide, wherein the entry surface is adjacent the light source; and frame that defines an air gap around at least 70% of a length of the light guide.
Glukhovsky teaches an analogous imaging device (40, i.e. video laryngoscope, FIG. 1) comprising a camera (imager 46, FIG. 1) and a light source (illumination sources 42, FIG. 1). The device (40) includes a unibody plug (optical system 10, FIG. 1) with a light guide (optical window surfaces 54’ + 54’’, FIG. 1) formed of a solid transparent material having an entry surface (inner surface 54', FIG. 2), adjacent to the light source, and an exit surface (external surface 54'', FIG. 2) at respective ends of the light guide [FIG. 2, 0037, 0042]. The system (10) further includes a frame (optical dome 54 + 55, FIGS. 2-4) that defines an air gap (space 52, FIG. 1) around at least 70% of a length of the light guide (FIG. 1, par. 61-63 disclose optical window may be a portion of the optical dome, i.e. dome acts as a frame; par. 37 discloses space may be an air space, i.e. air gap).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope system of Oneda with the optical system of Glukhovsky in order to provide an improved imaging capsule which is structurally designed to minimize backscatter of direct light received by the imager of the capsule by positioning components in certain configurations [Glukhovsky - 0054] and by providing the optical system with an ellipsoid shaped dome surrounding the internal components [Glukhovsky - 0062].
Additionally, the optical system of Glukhovsky is capable of being provided in the distal end of a tube, i.e. arm, of an endoscope [Glukhovsky - 0044] and the colonoscope/ laryngoscope of Oneda may attach to any imaging capsule of any shape and/or structure at the distal end of its elongate tube, i.e. arm [Oneda - 0058].
Regarding Claim 2, Oneda, as previously modified by Glukhovsky, discloses all of the elements of the current invention disclosed in claim 1, and Glukhovsky further teaches
wherein the frame further defines a cavity (FIG. 1 depicts interior space of the optical dome) for receiving the camera (par. 37-38 disclose imager is received in open air space and images via the optical window of optical dome, par. 39 discloses imaging portions of the imager may be recessed from optical window, i.e. something is set back or built into the surface of the dome, par. 50 discloses imager is disposed and recessed in relation to optical window, i.e. recessed within a cavity).
Regarding Claim 3, Oneda, as previously modified by Glukhovsky, discloses all of the elements of the current invention disclosed in claim 1, and Glukhovsky further teaches
wherein the frame and the light guide are formed from the same transparent material (par. 63 discloses dome may be substantially transparent, par. 37 discloses window made of plastic, par. 42 discloses dome made of plastic).
Regarding Claim 4, Oneda, as previously modified by Glukhovsky, discloses all of the elements of the current invention disclosed in claim 1, and Glukhovsky further teaches
wherein a surface area of the entry surface is less than a surface area of the exit surface (FIG. 2 depicts external surface being more outer than the inner surface, i.e. having a larger surface area).
Regarding Claim 5, Oneda, as previously modified by Glukhovsky, discloses all of the elements of the current invention disclosed in claim 1, and Glukhovsky further teaches
wherein a center of the exit surface is positioned anteriorly from a center of the entry surface (FIG. 2 depicts external surface center in front of the inner surface center).
Regarding Claim 6, Oneda, as previously modified by Glukhovsky, discloses all of the elements of the current invention disclosed in claim 1, and Glukhovsky further teaches
wherein at least one of the entry surface or the exit surface is textured to cause diffusion of light from the light source (FIG. 2, par. 50-51 disclose surfaces of optical window are configured to have a shape that allows for the reflection, i.e. diffusion, of a certain percentage of light, as depicted in FIG. 2; par. 61 discloses shape of window surface may be deformed and/ or flattened, i.e. textured).
Regarding Claim 7, Oneda, as previously modified by Glukhovsky, discloses all of the elements of the current invention disclosed in claim 1, and Glukhovsky further teaches
wherein at least one of the entry surface or the exit surface is formed as a concave or convex lens (FIG. 1, par. 41 disclose window has ellipsoid shape which is convex, moreover, it is inherent that a transparent piece of glass that disperses light rays, i.e. the optical window and its surfaces, is a lens).
Regarding Claim 15, Oneda discloses
A video laryngoscope (colonoscope 100, FIG. 1) comprising:
a display (electrical port 162, FIG. 1; par. 63 discloses electrical port is used to communicate with a computer or other control unit, par. 72 discloses inner shaft connects to display unit positioned on or near handle, i.e. via electrical port);
a handle (control handle 104, FIG. 1);
an arm (elongate tube 102, FIG. 1) extending distally from the handle (depicted in FIG. 1);
a camera (camera 202, FIG. 4A) positioned at a distal end of the arm (depicted in FIGS. 1-4A);
a light source (light source 160 + illumination ports 220, FIGS. 1, 4A) positioned at the distal end of the arm (depicted in FIGS. 1 - 4A); and
a unibody plug (imaging capsule 110, FIG. 1) positioned at the distal end of the arm (depicted in FIG. 1).
However, Oneda does not disclose the unibody plug comprising: a light guide formed of a solid transparent material, the light guide comprising: an entry surface at a proximal end of the light guide, the entry surface having a first center and a first surface area; an exit surface at the distal end of the light guide, the exit surface having: a second center positioned anteriorly from the first center of the entry surface; and a second surface area that is substantially the same as the first surface area of the entry surface; and a frame formed of the solid transparent material, the frame defining: an air gap around at least 90% of a length of the light guide; and a cavity that receives the camera.
Glukhovsky teaches an analogous imaging device (40, i.e. video laryngoscope, FIG. 1) comprising a camera (imager 46, FIG. 1) and a light source (illumination sources 42, FIG. 1). The device (40) includes a unibody plug (optical system 10, FIG. 1) with a light guide (optical window surfaces 54’ + 54’’, FIG. 1) formed of a solid transparent material having an entry surface (inner surface 54', FIG. 2) and an exit surface (external surface 54'', FIG. 2) at respective ends of the light guide each having respective centers and substantially similar surface areas, wherein the center of the exit surface is positioned anteriorly from the center of the entry surface [FIG. 2, 0037, 0042]. The system (10) further includes a solid transparent frame (optical dome 54 + 55, FIGS. 2-4) that defines an air gap (space 52, FIG. 1) around at least 90% of a length of the light guide (FIG. 1, par. 61-63 disclose optical window may be a portion of the optical dome, i.e. dome acts as a frame; par. 63 discloses dome may be substantially transparent; par. 37 discloses space may be an air space, i.e. air gap) and defines a cavity that receives the camera (FIG. 1, par. 37-38 disclose imager is received in open air space and images via the optical window, par. 39 discloses imaging portions of the imager may be recessed from optical window, i.e. something is set back or built into the surface of the dome, par. 50 discloses imager is disposed and recessed in relation to optical window, i.e. recessed within a cavity).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope system of Oneda with the optical system of Glukhovsky in order to provide an improved imaging capsule which is structurally designed to minimize backscatter of direct light received by the imager of the capsule by positioning components in certain configurations [Glukhovsky - 0054] and by providing the optical system with an ellipsoid shaped dome surrounding the internal components [Glukhovsky - 0062].
Additionally, the optical system of Glukhovsky is capable of being provided in the distal end of a tube, i.e. arm, of an endoscope [Glukhovsky - 0044] and the colonoscope/ laryngoscope of Oneda may attach to any imaging capsule of any shape and/or structure at the distal end of its elongate tube, i.e. arm [Oneda - 0058].
Conclusion
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.
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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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