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 on 04/14/2026 has been entered. Claims 1-19 are pending. Applicant’s amendment to the claims have overcome 112 rejections and objections previously set forth in the Non-Final Office Action notified on 01/30/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the expression –
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In para [0052], the specification recites the expression -
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These two expressions are not the same. The newly recited expression does not appear to have support in the specification. Therefore, the claimed subject matter in claim 1 does not comply with the written description requirement.
The examiner recommends the applicant to provide the support in the specification and discuss how the newly recited expression can be mathematically derived from the expressions already provided in the specification. No new matter should be included.
Claim 1 recites “wherein the array formed by the plurality of nanostructures is aligned with the signal input fiber core, and the translucent substrate has a region corresponding to the signal output fiber core in which the plurality of nanostructures are not disposed,” in lines 13-15.
The specification does not appear to disclose - “translucent substrate corresponding to the signal output fiber core in which the plurality of nanostructures are not disposed.”
Appropriate correction is required.
Claims 2-19 are rejected for being dependent on a rejected base claim.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5, 7, 8, 12, 13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175).
Regarding claim 1, Aizenberg discloses an endoscopic probe (FIG. 1D, annotated), wherein the endoscopic probe comprises:
an optic fiber (Endoscope comprises a fiber optic system to conduct light from a source through the proximal body to the distal end of the insertion tube; para [0071]) and a metalens (Substrate formed with nano structures; Nano structure coated cover slip at the distal end; FIG. 1D; Para [0127]; Note the nanostructure spacing in FIG. 3B and aspect ratio in para [0127]);
wherein, the optic fiber comprises:
a signal input fiber core (A fiber optic system to conduct light from a source through the proximal body to the distal end of the insertion tube; Para [0012], [0071]), a signal output fiber core (A second fiber optic system to transport images as reflected light from the distal end of the insertion tube to the eyepiece; FIG. 1D; para [0014]) and a coating (Fiber optic has a coating surrounding the core.);
the signal input fiber core is used to transport an input laser signal (laser light input; [0012]);
the metalens comprises:
a substrate, a plurality of nanostructures arranged on the one side of the surface of the substrate (Coated cover slip include nano structures; FIGS. 1, 3A-3B), wherein, the plurality of nanostructures are arranged in array (FIGS. 1, 3A, 3B) and attached to a distal surface of the signal input fiber core, so as to focus the input laser signal on an inner surface of a tissue to be detected (Visible field becomes clear by use of the nano structures in the cover slip; FIG. 3B; [0220]; Nano structures provide the clear view. Note that the nano strictures in FIG. 3B may be compared with the nano structures of FIG. 2B of the instant application.); and
the signal output fiber core is used for transporting a laser signal (A second fiber optic system to transport images as reflected light from the distal end of the insertion tube to the eyepiece; FIG. 1D; para [0014]; A separate fiber optic bundle transports images as reflected light from the distal tip, which comprises a viewing aperture or objective lens, to the eyepiece; para [0112]) reflected through the inner surface of the tissue to be detected, so as to obtain an image of the inner surface of the tissue to be detected after the reflected laser signal processing, wherein, the array formed by the plurality of nanostructures is aligned with the signal input fiber core (Coverslip includes nanostructures; when the input light is passed through the nano structures; FIGS. 1D, 2B, 3B; Para [0072], [0112]).
Aizenberg does not expressly the translucent substrate has a region corresponding to the signal output fiber core in which the plurality of nanostructures are not disposed .
Sørensen is directed to an endoscope (abstract) and teaches wherein the translucent substrate has a region corresponding to the signal output fiber core in which the plurality of nanostructures are not disposed (Transparent part 6, 7; FIG. 2; Para [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include a translucent substrate so that the signal could be provided easily through the translucent substrate.
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Regarding claim 5, Aizenberg discloses wherein the plurality of nanostructures are adhered to the distal surface (The cover slip containing nano structures are adhered to the distal end of the camera; FIG.1D) of the signal input fiber core.
Regarding claim 7, Aizenberg discloses wherein an edge of the substrate is aligned with the edge of the distal surface of the coating (Edge of the cover slip is aligned with the outermost layer of the fiber inside the distal end. FIG. 1D).
Regarding claim 8, Aizenberg discloses wherein a protective film is provided on the side of the plurality of nanostructures attached to the distal surface (The nanostructures are coated with a repellent, oil-infused coating on the substrate. FIGS. 1A-1C; Para [0219]).
Regarding claim 12, Aizenberg discloses wherein the metalens is coated with the
protective film (A repellent, liquid-infused coating applied onto the distal end of an endoscope that prevents vision loss and reduces fouling. Para [0109]) and the distal surface of the coating of the optic fiber are adhered by a glue (The solid substrate is secured to the distal window using an optically transparent adhesive); an edge of the substrate of the metalens is aligned with an edge of the coating of the optic fiber in the process of adhering (When the repellent liquid is applied, edge of the coating is aligned with the edge of the substrate.),
and the array formed by the plurality of nanostructures is aligned with the signal input fiber core (Fiber core is aligned by way of having the cover slip positioned with the distal end of the core.).
Regarding claim 13, Aizenberg discloses an endoscope, wherein the endoscope comprises the endoscopic probe (FIG. 1D) of claim 1.
Claim(s) 2, 3, 6, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175) and further in view of Feke (US 20090273944).
Regarding claim 2, Aizenberg does not expressly disclose wherein the signal output fiber core comprises: a plurality of circle fiber cores; the plurality of circle fiber cores are set in the diametrical direction of the signal input fiber core.
Feke is directed to achromatic capsule endoscope (abstract) and teaches wherein the signal output fiber core comprises: a plurality of circle fiber cores (Note the arrangement of the fibers in FIGS. 1A-1C); the plurality of circle fiber cores are set in the diametrical direction of the signal input fiber core (Note the fibers arranged in circular and diametrical direction; para [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include circle fiber cores in accordance with the teaching of Feke so that more spacing could be provided for more fiber accommodation within the probe.
Regarding claim 3, Aizenberg discloses that the endoscopic probe can be rotated on the center of the signal input fiber core and is able to move together with an attached endoscope body while rotating (The endoscopic probe can be rotated by hand.).
Regarding claim 6, Aizenberg as modified discloses wherein the diametrical dimension of the distal surface of the signal input fiber core is equal to the diametrical dimension of an array formed by the plurality of nanostructures (Feke: When the nanostructures are aligned with the with the nanostructures in the cover slip, diametrical dimension of the distal surface of the signal input fiber core becomes equal to the diametrical dimension of an array formed by the plurality of nanostructures.).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175) and further in view of Xingde (US 20200000327).
Regarding claim 4, Aizenberg does not expressly disclose wherein a proximal end of the endoscopic probe is connected to a rotary joint.
Xingde is directed to achromatic capsule endoscope (abstract) and teaches wherein a rear-end of the endoscopic probe is connected to a rotary joint (broadband fiber-optic rotary joint 108; FIG. 7; Para [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include rotary joint in accordance with the teaching of Xingde so that the probe could be rotated to provide a scan of the imaging area. This also allows for taking a plurality of pictures for enhanced imaging.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175) and further in view of Sørensen (US 20220175224), hereinafter “Sørensen 224”.
Regarding claim 9, Aizenberg does not expressly disclose wherein for each of the plurality of nanostructures, there are six nanostructures located at different vertices of one regular hexagon, and one nanostructure is located at the center of the regular hexagon.
Sørensen 224 is directed to housing for the tip of a disposable insertion endoscope (abstract) and teaches wherein for each of the plurality of nanostructures, there are six nanostructures located at different vertices of one regular hexagon (Hexagonal pattern; FIG. 5; Para [0039]), and one nanostructure is located at the center of the regular hexagon (FIG. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include nanostructures in accordance with the teaching of Sørensen 224 so that formation of the nanostructures could be more ordered. This helps to have more predictable properties of the nanostructures.
Regarding claim 10, Aizenberg does not expressly disclose wherein for each of the plurality of nanostructures, there are four nanostructures located at different vertices of one square, and one nanostructure is located at the center of the square.
Sørensen 224 teaches wherein for each of the plurality of nanostructures, there are four nanostructures located at different vertices of one square, and one nanostructure is located at the center of the square (features 19, 20, 21; FIG. 6; Para [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include nanostructures in accordance with the teaching of Sørensen so that formation of the nanostructures could be more ordered. This helps to have more predictable properties of the nanostructures.
Regarding claim 11, Aizenberg as modified teaches wherein the plurality of nanostructures is made by one of the following: titanium oxide, silicon nitride, molten quartz, alumina, gallium nitride, gallium phosphate, amorphous silicon, and crystalline silicon (Silicon etched nanostructure; Para [0049]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175) and further in view of Gill (US 20050283048).
Regarding claim 14, Aizenberg does not expressly disclose wherein the endoscopic probe is in detachable connection with an endoscope body.
Gill is directed to Endoscopes enable visual examination of structure inside cavities (Para [0001]) and teaches wherein the endoscopic probe is in detachable connection with an endoscope body (Camera probe is in detachable connection to proximal end 124 of the optical fiber or fibers. FIG. 9; Para [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to have a detachable probe in accordance with the teaching of Gill so that probe could be replaceable.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175) and further in view of Gill (US 20050283048) and Xingde (US 20200000327).
Regarding claim 16, Aizenberg does not expressly disclose wherein the endoscopic probe is connected to the endoscope body by a rotary joint.
Xingde is directed to achromatic capsule endoscope (abstract) and teaches wherein the endoscopic probe is connected to the endoscope body by a rotary joint (broadband fiber-optic rotary joint 108; FIG. 7; Para [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include rotary joint in accordance with the teaching of Xingde so that the probe could be rotated to provide a scan of the imaging area. This also allows for taking a plurality of pictures for enhanced imaging.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Sørensen (US 20210093175) and further in view of Gill (US 20050283048), Dhaliwal (US 20210063722) and Xingde (US 20200000327).
Aizenberg does not expressly disclose wherein the endoscope body comprises: a single photon avalanche diode, an image display device, and a micromotor; the single photon avalanche diode is used for collecting signals; the micromotor is used for rotating.
Gill teaches an image display (Laptop display is located a distance away and is coupled to the miniature endoscope by way of a wireless network; FIG. 21; para [0125]).
Dhaliwal is directed to medical device (abstract) and teaches disclose wherein the endoscope body comprises: a single photon avalanche diode (The single-photon detector may comprise at least one SPAD (single photon avalanche diode. Para [0066], [0116]); the single photon avalanche diode is used for collecting signals.
Xingde discloses a micromotor, and the micromotor is used for rotating (a micromotor (or a broadband rotary joint); para [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aizenberg to include a display in accordance with the teaching of Gill so that images could be displayed.
Further, it would have been obvious to modify Aizenberg to include a single photon avalanche diode in accordance with the teaching of Dhaliwal so that power could be saved with the system by way of using a single photon diode (Para [0066]). Further, it would have been obvious to further modify Aizenberg to include a micromotor and rotary joint in accordance with the teaching of Xingde so that the probe could be rotated to provide a scan of the imaging area and a plurality of pictures could be taken by the device for enhanced imaging.
Claim(s) 17, 18, 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg (US 20190136070) in view of Kamon (US 20200305700 ) and further in view of Feke (US 20090273944).
Regarding claim 17, Aizenberg discloses a scanning control method for an endoscopic probe (abstract; FIG. 1D), wherein the endoscopic probe comprises an optic fiber (Endoscope comprises a fiber optic system to conduct light from a source through the proximal body to the distal end of the insertion tube; para [0071]) and a metalens (Coated cover slip include nano structures; FIGS. 3A-3B); wherein, the optic fiber comprises:
a signal input fiber core (A fiber optic system to conduct light from a source through the proximal body to the distal end of the insertion tube; Para [0012], [0071]), a signal output fiber core (A second fiber optic system to transport images as reflected light from the distal end of the insertion tube to the eyepiece; FIG. 1D; para [0014]) and a coating (Fiber optic has a coating surrounding the core);
the signal input fiber core is used to transport an input laser signal (laser light input; [0012]); the metalens comprises:
a substrate (Coated cover slip include nanostructures; FIGS. 3A-3B), a plurality of nanostructures arranged on the same surface of the substrate, wherein, the plurality of nanostructures are arranged in array (FIGS. 1, 3A, 3B) and attached to a distal surface of the signal input fiber core, so as to focus the input laser signal on an inner surface of a tissue to be detected (A second fiber optic system to transport images as reflected light from the distal end of the insertion tube to the eyepiece; FIG. 1D; para [0014];); and the signal output fiber core is used for transporting a laser signal reflected through the inner surface of the tissue to be detected, so as to obtain an image of the inner surface of the tissue to be detected after the reflected laser signal processing (A separate fiber optic bundle transports images as reflected light from the distal tip, which comprises a viewing aperture or objective lens, to the eyepiece; para [0112]); wherein, when any of the signal output fiber core is connected to a photodetector at a rear-end of the endoscopic probe, the laser signal transported by the signal output fiber core is outputted (This is intended use and is conditional feature. When any of the signal output fiber core is connected to a photodetector at a rear-end of the endoscopic probe, the laser signal transported by the signal output fiber core is outputted.).
Aizenberg does not expressly disclose a translucent substrate, wherein, the signal output fiber core comprises: a plurality of circle fiber cores;
the plurality of circle fiber cores are set in the diametrical direction of the signal input fiber core; the scanning control method for the endoscopic probe comprises: controlling the simultaneous movement of the endoscopic probe rotating around the signal input fiber core as a center; wherein, when any of the signal output fiber core is connected to a photodetector at the near-end of the endoscopic probe, the laser signal transported by the signal output fiber core is outputted.
Kamon is directed to endoscopic image acquisition system (abstract) and teaches a translucent substrate (The diffusion member 32 disposed at the tip part 12D of the endoscope 12 is irradiated with laser light emitted from the second laser light source 22B through the optical fiber 28B. A resin material having a light-transmitting property or the like can be used as the diffusion member 32. Para [0058]) disposed at tip part of the endoscope.
Feke is directed to achromatic capsule endoscope (abstract) and teaches wherein the signal output fiber core comprises: a plurality of circle fiber cores (Note the arrangement of the fibers in FIGS. 1A-1C); the plurality of circle fiber cores are set in the diametrical direction of the signal input fiber core (Note the fibers arranged in circular and diametrical direction; para [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify Aizenberg to include a diffusion member in accordance with the teaching of Kamon so that input laser could be diffused so that the input laser radiation could be homogeneously irradiated on the object surface (Para [0059] of Kamon).
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Aizenberg to include circle fiber cores in accordance with the teaching of Feke so that more spacing could be provided for more fiber accommodation within the probe.
Regarding claim 18, Aizenberg discloses wherein the scanning control method further comprises: the signal input fiber core is used for transporting the laser signal (A fiber optic system to conduct light from a source through the proximal body to the distal end of the insertion tube; Para [0012], [0071]), and the circle fiber core is used for collecting the reflected laser signal from the tissue to be detected (A separate fiber optic bundle transports images as reflected light from the distal tip, which comprises a viewing aperture or objective lens, to the eyepiece; para [0112]).
Regarding claim 19, Aizenberg as modified, teaches wherein a number of signals collected by the photodetector during per unit time is as following:
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wherein, n is a number of signal output fiber core, w is the rotation speed of the endoscopic probe, and F is the frame rate of the output image (This is a mathematical expression which can be derived by utilizing a definition of frame rate and w, and number of signal output fiber core.).
Response to Arguments
Applicant’s arguments submitted on 04/14/2026 have been fully considered and are persuasive. The rejection dated 01/30/2026 have been withdrawn. However, upon further consideration, a new rejection has been made in view of amendment.
On page, 13 of the remarks, the applicant states – “the applicant nanoscale surface disclosed in Aizenberg is fundamentally directed to surface wettability and contamination resistance, and is structurally and functionally distinct from the claimed "plurality of nanostructures are arranged in array and attached to a distal surface of the signal input fiber core, so as to focus the input laser signal on an inner surface of a tissue to be detected" which is specifically configured for optical modulation and focusing. Therefore, Aizenberg does not disclose or suggest the claimed metalens structure.” However, the applicant has not recited any structures other than “a plurality of nano structures.” Further, the applicant has not claimed feature – “nanostructures configured for optical modulation and focusing.” The applicant has not claimed and any structural difference between the nano structures disclosed by Aizenberg and those of applicant’s nanostructures. Nano structures disclosed by Aizenberg, para [0127], [0159], provide increased transparency which means they will allow more light to pass through. The nano structure of Aizenberg modify light. Therefore, they provide optical modulation. Therefore, these nano structures of Aizenberg are equivalent to the nano-structures recited in the claim 1.
On page, 14 of the remarks, the applicant states “Further reviewing the contents of Kamon, paragraph [0058] of Kamon discloses a light- transmissive diffusion member disposed at a distal end of an endoscope, thereby providing, at most, a teaching of arranging a substrate at the distal end of the endoscope. In other words, even if Aizenberg were to be modified in view of Kamon, the resulting structure would merely include a substrate disposed at the distal end of the endoscope, with a nanoscale surface formed thereon for providing liquid repellency and anti-fouling properties. Such a combination of the substrate and the nanoscale surface would still only serve functions related to contamination resistance, rather than any optical modulation or focusing.”
The examiner respectfully disagrees. The applicant has not recited any light modulation by a specific structure provided in the claim. The structure disclosed in the instant specification is equivalent to the nanostructures having aspect ratios (height to a characteristic perpendicular dimension) from about 1:1 to 20:1, more particularly from about 1:1 to 10:1, discussed in para [0127] of Aizenberg. Aizenberg’s nano structures provide light modulation and liquid repellency and anti-fouling properties.
Further, on page, 13 of the remarks, the applicant states – “By configuring that "the array formed by the plurality of nanostructures is aligned with the signal input fiber core," the input optical signal can be accurately modulated and focused onto the tissue surface.” Here, the claim does not recite any detail of the alignment. In Aizenberg, when the fiber is used to carry light and pass the light through the nano structures for illumination, the fiber and nano structures need to be aligned.
Accordingly, the applicants’ arguments are not persuasive at this time.
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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
6/8/26
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