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Claims 1-20 are pending, claims 16-20 have been withdrawn from consideration, and claims 1-15 are currently under consideration for patentability under 37 CFR 1.104.
Election/Restrictions
Applicant’s election without traverse of Invention I and Species 1, readable on claims 1-15, in the reply filed on 04/01/2026 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II and Species 2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/01/2026.
Claim Objections
Claims 1, 10, and 12 are objected to because of the following informalities:
In claim 1, on line 6, change “a distal end” to “the distal end” (previously recited).
In claim 10, on line 9, change “a distal end” to “the distal end” (previously recited).
In claim 12, change “an optical fiber” to “the optical fiber” (previously recited).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, the limitation “a working channel” is unclear with respect to the limitation “at least one working channel” recited in claim 10. It is unclear how many working channels are being claimed in claim 11. Claims 12-13 are rejected due to their dependency on claim 11.
Claim Rejections - 35 USC § 102
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) 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie (US 2008/0027286).
Regarding claim 1, Xie discloses a removable cap (41, figure 1) for an endoscope (10, figure 1), comprising: a housing (41-42, figure 1) having an open proximal end (see proximal end of 41, figure 4) and a distal end (see distal end of 41, figure 4), the open proximal end defining an inner cavity (see 46, figure 4) in the housing, the inner cavity dimensioned to fit over a distal end (32, figure 1) of an endoscope (10, figure 1); and a filter (43, figure 4) disposed on the distal end of the housing, the filter to align with a camera (35, figure 4) of the endoscope when the housing is inserted over a distal end of the endoscope (see figure 4).
Regarding claim 2, Xie further discloses the inner cavity shaped to fit an outer shape of the distal end of the endoscope (see figure 4).
Regarding claim 3, Xie further discloses an aperture (channel 45, figure 4) in the distal end of the housing, the aperture to align with a working channel (34, figure 4) of the endoscope when the housing is inserted over the distal end of the endoscope (see figure 4).
Regarding claim 4, Xie further discloses the aperture to allow an optical fiber (intended use language | guide a treatment instrument [0096]) inserted through the working channel to be extended a working distance out of the distal end of the endoscope (guided…to the lesion C…[0096]).
Regarding claim 5, Xie further discloses the aperture to provide one or more backlights (interpreted as illumination from behind per Merriam Webster | see light guide 33, figure 4) disposed in the distal end of the endoscope are not covered by the housing (the housing of the cap 41 is not covering the backlights, see figure 4 | rather, a light guide 44 is distal to or covering 33, figure 4) when the housing is disposed over the distal end of the endoscope.
Regarding claim 6, Xie further discloses one or more optically transparent portions (see light guide 44, figure 4) disposed in the distal end of the housing, the one or more optically transparent portions to align with one or more backlights (interpreted as illumination from behind per Merriam Webster | see light guide 33, figure 4) disposed in the distal end of the endoscope when the housing is disposed over the distal end of the endoscope (see figure 4).
Regarding claim 7, Xie further discloses the filter is a long pass filter (LPF) (see 50b, figure 5c | second filter 50b [0076]).
Regarding claim 8, Xie further discloses the filter is a band pass filter (BPF) (see 50a, figure 5b | first filter 50a [0076]).
Regarding claim 9, Xie further discloses the LPF (50b, figure 5c) is configured to block or filter light having a wavelength below 550 nanometers (nm) (see transmittance in figure 5c vs. wavelength in figure 5a | wavelengths below EX2 are not transmitted, see figure 5a and 5c).
Regarding claim 10, Xie discloses an endoscopic system (10, figure 1), comprising: an endoscope (see 10, figure 1) comprising a camera assembly (35, figure 1) disposed in a distal end (32, figure 1) of the endoscope and at least one working channel (34, figure 4) in which an optical fiber can be inserted (“can be” is intended use language | treatment instrument [0070]); and a removable cap (41, figure 1) for the endoscope, the removable cap comprising: a housing (see 41 and 42, figure 1) having an open proximal end (see proximal end of 41, figure 4) and a distal end (see distal end of 41, figure 4), the open proximal end defining an inner cavity (see 46, figure 4) in the housing, the inner cavity dimensioned to fit over the distal end of the endoscope (see figure 4); and a filter (43, figure 4) disposed in the distal end of the housing, the filter to align with the camera assembly when the housing is inserted over a distal end of the endoscope (see figure 4).
Regarding claim 11, Xie further discloses the removable cap comprising an aperture (channel 45, figure 4) in the distal end of the housing, the aperture to align with a working channel (34, figure 4) of the endoscope when the housing is inserted over the distal end of the endoscope (figure 4).
Regarding claim 12, Xie further discloses the aperture to allow an optical fiber (intended use language | guide a treatment instrument [0096]) inserted through the working channel to be extended a working distance out of the distal end of the endoscope (guided…to the lesion C…[0096]).
Regarding claim 13, Xie further discloses the endoscope comprising one or more backlights (interpreted as illumination from behind per Merriam Webster | see light guide 33, figure 4), the removable cap comprising one or more optically transparent portions (see light guide 44, figure 4) disposed in the distal end of the housing, the one or more optically transparent portions to align with one or more backlights disposed in the distal end of the endoscope when the housing is disposed over the distal end of the endoscope (see figure 4).
Regarding claim 14, Xie further discloses the filter is a long pass filter (LPF) (see 50b, figure 5c) or a band pass filter (BPF) (see 50a, figure 5b).
Regarding claim 15, Xie further discloses the LPF or the bandpass filter is configured to block or filter light having a wavelength below 550 nanometers (nm) (see transmittance in figure 5b-c vs. wavelength in figure 5a | wavelengths below EX1 and/or EX2 are not transmitted, see figure 5a-c).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Xie (US 2008/0027286) as applied to claim 8 above, and further in view of Yang (US 2026/0033708 with priority to provisional application 63/459,583 filed on 04/14/2023).
Xie discloses all of the features in the current invention as shown above in claim 8. Xie is silent regarding the LPF is configured to block or filter light having a wavelength below 550 nanometers (nm).
Yang teaches a filter (14, figure 1b) to remove wavelengths of light in the image signals that can saturate or obscure the images ([0041]). The filter may be a 550 nm longpass filter that block all light below the designated wavelength and transmit light above the designated wavelength ([0041]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the filter, specifically the LPF, to be a 550 nm longpass filter as taught by Yang ([0041]). Doing so would remove wavelengths that can saturate or obscure the images ([0041]). The modified cap would comprise the LPF is configured to block or filter light having a wavelength below 550 nanometers (nm) ([0041]).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Xie (US 2008/0027286) as applied to claim 14 above, and further in view of Lindvold (US 2015/0088001).
Xie discloses all of the features in the claimed invention as shown above in claim 14. Xie is silent regarding the LPF or the bandpass filter is configured to block or filter light having a wavelength below 550 nanometers (nm).
Lindvold teaches a band-rejection filter adapted to block wavelengths below around 540-550 nm and allow wavelengths above ([0060]). The filter blocks monochromatic light source but allows the generated autofluorescence light such that irradiated tissue is visible for the viewer ([0060]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the bandpass filter to block wavelengths below around 540-550 nm as taught by Lindvold ([0060]). Doing so would allow the generated autofluorescence light from the irradiated tissue to be visible ([0060]). The modified system would comprise the LPF or the bandpass filter is configured to block or filter light having a wavelength below 550 nanometers (nm) ([0060]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kucklick (US 2006/0276692) and Ohashi (US 2007/0066870).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
April 16, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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